Common use of Development Regulations General Clause in Contracts

Development Regulations General. ‌ 1. All development shall adhere to mitigation sequencing. 2. All development resulting in visible above-ground facilities or signage shall comply with the city’s Design Guidelines and shall be subject to design review pursuant to Long Beach city code 12-10 and 10A. 3. Development shall be located, designed, and operated to result in no net loss of shoreline functions. 4. Development shall be located, designed, and operated to avoid adverse impacts to other shoreline uses, including but not limited to recreation and public access. 5. In the areas of associated wetlands, the building setback line for all private development shall be the 1980 SCL, except that between ▇▇▇ ▇▇▇▇▇▇ Drive West and ▇▇▇▇▇▇▇ Avenue West, the building setback Line for all private development shall be the 1968 SCL. 6. Any use that is not exempt from the permitting requirements of the SMA, including those defined in Chapter 12 of the Long Beach zoning regulations, resulting in impacts to associated wetlands located west of the 1889 line and east of 200 feet landward of the OHWM shall require a conditional use permit. This includes interdunal wetlands and other associated wetlands. 7. The maximum height of any structure located on land shall be thirty-five feet (35’) above highest adjacent grade, except in the area of associated wetlands (see below for those standards). 8. In the area of associated wetlands, Long Beach zoning development standards applicable to the underlying zoning designation shall apply, including lot size, lot coverage, building height, lot line setbacks, signage, parking, design review, landscaping, and accessory building size. 9. Before new commercial nonwater-oriented development is permitted within associated wetlands, the proponent must demonstrate that upland areas are not feasible for the intended economic activity. 10. No at-grade or above-ground development other than restoration or enhancement projects, public access, public infrastructure, or public safety facilities shall occur within 200 feet of the ocean OHWM, as measured on a horizontal plane perpendicular to the OHWM. 11. For associated wetlands, buffers shall be those required by the city’s Critical Areas regulations. 12. Other than dune modification for boardwalk maintenance by the city, filling or grading shall occur only in support of exempted, permitted, or conditional uses. 13. Dune modification for boardwalk maintenance may occur only when: a. A direct view of the Pacific Ocean from the boardwalk is impaired by the dune; or b. When the dune beneath the boardwalk rises to within two feet (2’) of the underside of the boardwalk. 14. Fill or grading shall be the minimum allowed to achieve the permitted purpose. 15. Fills shall be located, designed, and constructed to protect shoreline functions and ecosystem- wide processes. 16. Fill shall consist of clean materials with a minimum potential for degrading water quality. 17. Pile-supported structures shall be preferred over fills unless it can be demonstrated that fill will provide better ecological function.

Development Regulations General. ‌ 1. All development shall adhere to mitigation sequencing. 3 Only associated wetlands themselves, and not their buffers that extend outside shoreline jurisdiction, are subject to the SMP. Buffers of associated wetlands are regulated under the City’s Critical Areas Regulations. 2. All development resulting in visible above-ground facilities or signage shall comply with the city’s Design Guidelines and shall be subject to design review pursuant to Long Beach city code 12-10 and 10A. 3. Development shall be located, designed, and operated to result in no net loss of shoreline functions. 4. Development shall be located, designed, and operated to avoid adverse impacts to other shoreline uses, including but not limited to recreation and public access. 5. In the areas of associated wetlands, the building setback line for all private development shall be the 1980 SCL, except that between ▇▇▇ ▇▇▇▇▇▇ Drive West and ▇▇▇▇▇▇▇ Avenue West, the building setback Line for all private development shall be the 1968 SCL. 6. Any use that is not exempt from the permitting requirements of the SMA, including those defined in Chapter 12 of the Long Beach zoning regulations, resulting in impacts to associated wetlands located west of the 1889 line and east of 200 feet landward of the OHWM shall require a conditional use permit. This includes interdunal wetlands and other associated wetlands. 7. The maximum height of any structure located on land shall be thirty-five feet (35’) above highest adjacent grade, except in the area of associated wetlands (see below for those standards). 8. In the area of associated wetlands, Long Beach zoning development standards applicable to the underlying zoning designation shall apply, including lot size, lot coverage, building height, lot line setbacks, signage, parking, design review, landscaping, and accessory building size. 9. Before new commercial nonwater-oriented development is permitted within associated wetlands, the proponent must demonstrate that upland areas are not feasible for the intended economic activity. 10. No at-grade or above-ground development other than restoration or enhancement projects, public access, public infrastructure, or public safety facilities shall occur within 200 feet of the ocean OHWM, as measured on a horizontal plane perpendicular to the OHWM. 11. For associated wetlands, buffers shall be those required by the city’s Critical Areas regulations. 12. Other than dune modification for boardwalk maintenance by the city, filling or grading shall occur only in support of exempted, permitted, or conditional uses, or development permitted by a variance. 13. Dune modification for boardwalk maintenance may occur only when: a. A direct view of the Pacific Ocean from the boardwalk is impaired by the dune; or b. When the dune beneath the boardwalk rises to within two feet (2’) of the underside of the boardwalk. 14. Fill or grading shall be the minimum allowed to achieve the permitted purpose. 15. Fills shall be located, designed, and constructed to protect shoreline functions and ecosystem- wide processes. 16. Fill shall consist of clean materials with a minimum potential for degrading water quality. 17. Pile-supported structures shall be preferred over fills unless it can be demonstrated that fill will provide better ecological function. 18. Dredge disposal (for restoration only) shall occur in a manner that avoids or minimizes significant shoreline or ecosystem impacts; impacts that cannot be avoided shall be mitigated in a manner that results in no net loss of shoreline functions or existing uses. 19. Dredge disposal shall minimize interference with water-dependent activities. 20. Dredge disposal shall be scheduled to minimize impacts to biological productivity. 21. Piling installation shall be permitted only in conjunction with a permitted use and shall be the minimum necessary to accomplish the proposed use. 22. Consider the following in the location, planning, and design of new in-water structures: a. Public access to shorelines; ▇. ▇▇▇▇▇ protection; c. Preservation of historic and cultural resources; d. Protection and preservation of ecosystem-wide processes and ecological functions; e. Impacts to fish and wildlife, with special emphasis on protecting and restoring priority habitats and species; f. Watershed functions and processes; g. Hydrogeological, hydraulic, and hydrologic processes; and h. Preservation of natural scenic vistas. 23. Pin-piles shall be a preferred method and shall not be considered fill. 24. Vegetation management, fire, and large predator control activities pursuant to the goals and strategies of this SMP. 25. Vegetation management that is part of ongoing maintenance of uses, facilities, infrastructure, public rights-of-way, or utilities, provided the vegetation management activity does not expand into a critical area 26. Restoration and resource enhancement shall be consistent with the Final Restoration Plan: Long Beach Shoreline Master Program Update (City of Long Bach, 2015; May). 27. Restoration or enhancement projects shall include maintenance and monitoring for a period determined in the project permit. 28. Restoration and enhancement projects shall be designed using scientific and technical information and implemented using best management practices. 29. Habitat creation, expansion, restoration, and enhancement projects may be allowed in all shoreline environment designations subject to required state or federal permits when the applicant has demonstrated that: a. Spawning, nesting, or breeding fish and wildlife habitat conservation areas will not be adversely affected; b. Water quality will not be degraded; ▇. ▇▇▇▇▇ storage capacity will not be degraded; d. Impacts to critical areas and buffers will be avoided as practicable and where unavoidable, minimized and fully mitigated to achieve no net loss; and e. The project will not substantially interfere with the historic public use of navigable waters of the state. 30. New development shall result in no net increase in off-site runoff and shall be required to demonstrate this requirement is met. 31. All new development shall comply with the city’s flood damage prevention and drainage regulations, as well as any drainage-related conditions of approval.