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HomeMy WebLinkAboutOrdinance #3517 ORDINANCE NO. 3517 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY AMENDING SECTION 245.32 THEREOF RELATING TO APPEALS OF COASTAL DEVELOMENT PERMITS WHEREAS,pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duly noticed public hearings to consider Zoning Text Amendment No. 01-07 , which amends Section 245.32 of the Huntington Beach Zoning and Subdivision Ordinance relating to appeals of Coastal Development Permits; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Section 245.32 of the Huntington Beach Zoning and Subdivision Ordinance is hereby amended to read as follows: 245.32 Appeals Development pursuant to an approved Coastal Development Permit shall not commence until all applicable administrative appeal periods expire or, if appealed, until all administrative appeals, including those to the Coastal Commission, have been exhausted. A. Action by the Zoning Administrator or Planning Commission to approve, conditionally approve, or deny any Coastal Development Permit may be appealed on or before the tenth working day following such action. Action by the Zoning Administrator may be appealed to the Planning Commission. Action by the Planning Commission may be appealed,to the City Council. Appeals may be made directly to the Coastal Commission pursuant to Sections 13111 and 13573 of the California Code of Regulations for appealable development. B. Action by the City Council on a Coastal Development Permit for appealable development may be appealed directly to the Coastal Commission pursuant to Sections 13111 and 13573 of the California Code of Regulations. C. An appeal pursuant to this chapter may be filed only by the applicant for the Coastal Development Permit in question, an aggrieved person, or any 2 members of the Coastal Commission. D. An appeal to the Planning Commission shall be filed with the Planning Department. An appeal to the City Council shall be filed with the City Clerk. The appeal shall be 1 G:42001rd:amend 245_32-appeals Rls 99-417 Rev. 10-11-01 accompanied by a fee set by resolution of the City Council and a statement of the grounds for the appeal. E. Notice of the local appeal shall be given as set forth in Section 245.20 or 245.22 and shall be processed in accordance with the provisions of Section 248.20. F. An appeal to the Coastal Commission shall be processed in accordance with the provisions of Sections 13110 through 13120 of the California Code of Regulations. 245.32 Appeals SECTION 2. This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the t 7 th day of December , 2001. Mayor ATTEST: APPROVED AS TO FORM: City Clerk 12-2f-ol �'" City Attorney / REVIEWED AND APPROVED: INITI D AND APPROVED: cam _ City Adsinistrator i ctor of Planning 2 GA2001rd:amend 245_32-appeals 1ZIs 99-417 Rev. 10-11-01 Ord. No. 3517 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) 1, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 3rd day of December, 2001, and was again read to said City Council at a regular meeting thereof held on the 17th day of December, 2001, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Garofalo,Dettloff, Bauer, Cook, Houchen, Green, Boardman NOES: None ABSENT: None ABSTAIN: None I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Independent on �eretnn)7tr 2-11_ 2001 In accordance with the City Charter of said City City Clerk and ex-offlcio Clerk Connie Brock%vay, City Clerk of the City Council of the City Deputy City Clerk of Huntington Beach, California g:/ordinanc/ordhkpg2001.doc