HomeMy WebLinkAboutOrdinance #3691 November 2,2004
ORDINANCE NO. 3 6 91
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 248 OF THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE ENTITLED
NOTICES, HEARINGS, FINDINGS, DECISIONS AND APPEALS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Chapter 248 of the Huntington Beach Zoning and Subdivision Ordinance is hereby
amended to read as follows:
Sections:
248.02 Director's Duty to Give Notice
248.04 Notice Requirements
248.06 Rules Governing Conduct of Hearing, Opportunity to be Heard and Burden
of Proof
248.08 Requirement that Findings be Made Upon Grant of Application
248.10 Time and Manner of Decision
248.12 Time Limit on Reapplication for Same Matter
248.14 Denial Without Prejudice
248.16 Finality of Decision and Time for Appeal
248.18 Designation of Hearing Body on Appeal
248.20 Appeal of Decision
248.22 Appeal of a Failure to Act
248.24 Appeal of Decision Not Otherwise Provided For
248.26 Fee for Appeal
248.28 Appeal by City Council Members or Planning Commissioner
248.30 Effective Date of Decision
248.02 Director's Duty to Give Notice
Within. sixty(60) days after final environmental evaluation the Director shall give the notice of
public hearing required by law. The form of the notice shall contain:
A. The date, time and place of the hearing;
B. A general explanation of the matter to be considered, including a general description of
the area affected;
C. Other information which is required by statute or specific provision of this code or
which the Director considers necessary or desirable.
ordl04zoning/CHP 248 1
Ordinance No. 3691
November 2,2004
248.04 Notice Requirements
Type of Action Notice Requirement* Reference to Notice Requirement
A. General Plan Adoption
or Amendment 65090, 65091 65353
B. Zoning Ordinance
Planning Commission(Gen.) 65090 65853--65857
Planning Commission(Uses) 65090, 65091 65853--65957
City Council 65090 65853--65857
C. Variance, 65091 65905
development agreement,
special sign permit,
revocation, modification,
or appeal
D. Conditional Use Permits 65091 with 500 foot 65905
notification radius
E. Subdivision 65090, 65091 66451.3(a)
F. Home occupation revocation 65091 65905
*References are to the Government Code
These notice requirements are declaratory of existing law. If state law prescribes a different notice
requirement, notice shall be given in that manner. A reviewing body designated to hear a matter may
direct that notice be given in a manner that exceeds the notice requirement prescribed by state law.
Public notice requirements for coastal development permits shall be as described in Section 245.20
or 245.22. (3334)
248.06 Rules Governing Conduct of Hearing: Opportunity to be Heard and Burden of
Proof
Public hearings shall comply with minimum procedural standards prescribed by Government Code
section 65804. Each person interested in a matter that is the subject of a public hearing shall be
given an opportunity to be heard. In each case, the applicant has the burden of proof at the public
hearing on the application and at the public hearing on the appeal.
248.08 Requirement that Findings be Made Upon Grant of Application
A. In each case where a reviewing body is designated to make a decision of an
adjudicatory nature as the result of a proceeding in which a hearing is required by state
law or this ordinance code to be given, the body shall make findings to support its
decision.
B. Subsection A applies only to a determination made in the reviewing body's adjudicatory
capacity. It does not apply to an action of a legislative nature such as a
ordl04zoning/CHP 248 2
Ordinance No. 3691
November 2,2004
recommendation for an adoption of a zoning or subdivision provision. The existence
or non-existence of a determination in connection with a legislative action does not
affect the validity of that action unless otherwise directed by state law.
248.10 Time and Manner of Decision.
A. Form. After hearing the evidence and considering the application,the reviewing body,
i.e., Zoning Administrator, Planning Commission, or City Council, shall make its
decision. The decision shall be in the form of a written statement, minute order or
resolution and shall be accompanied by reasons sufficient to inform as to the basis for
the decision.
B. Time. The reviewing body shall formulate its written findings within 5 calendar days
after the decision.
C. Notice of Decision. The Director shall have notice of the decision mailed to the
applicant at the address given in the application and to each person who requests in
writing notice of the proceedings within 5 working days of the decision, excluding
weekends and holidays. The Director shall also have notice of the decision posted and
distributed to the Planning Commission and City Council within 48 hours of such
decision.
D. Acceptance is A licant's Agreement. The applicant's acceptance of the decision is an
agreement to comply with the decision and its terms and conditions.
248.12 Time Limit on Reapplication for Same Matter
If an application is denied and the decision is final, no person may file a new application for
substantially the same request for a period of one year from the date the action of the city is final
except as provided in section 248.14 for denial "without prejudice."
248.14 Denial Without Prejudice
If the application is denied "without prejudice," the applicant may reapply for substantially the same
request without complying with the time limit prescribed in section 248.12.
248.16 Finality of Decision and Time for Appeal
A decision on a discretionary approval is not final until the time for appeal expires. The time for
appeal from a decision by the Zoning Administrator, the Environmental Assessment Committee,
Subdivision Committee, Design Review Board, or the Planning Commission shall be filed within ten
calendar days after the date of the decision. Appeals may not be processed on actions which must be
heard by and receive final action by the City Council, except that coastal development permits for
development located in the appealable area of the coastal zone may be appealed to the Coastal
Commission as described in Section 245.32. (3334)
ord/04zoning/CHP 248 3
Ordinance No. 3691
November 2,2004
248.18 Designation of Hearing Body on Appeal
The Planning Commission shall hear an appeal from the decision of the Director, Zoning
Administrator, Design Review Board, Environmental Assessment Committee, and Subdivision
Committee. The City Council shall hear an appeal from the decision of the Planning Commission.
The decision of the City Council is final, except that coastal development permits for development
located in the appealable area of the coastal zone may be appealed to the Coastal Commission. (3334)
248.20 Appeal of Decision
A. Notice of Appeal. A person desiring to appeal a decision shall file a written notice of
appeal with the Director within the time required by section 248.16 except an appeal to
the Planning Commission's decision shall be filed with the City Clerk. This section
shall not apply to any action which must be heard by the City Council whether or not an
appeal from the Planning Commission is filed.
B. Form of Notice on Appeal. The notice of appeal shall contain the name and address of
the person appealing the action, the decision appealed from and the grounds for the
appeal. The Director may provide the form of the notice of appeal. A defect in the
form of the notice does not affect the validity or right to an appeal.
C. Action on Appeal. The Director or City Clerk shall set the matter for hearing before
the reviewing body and shall give notice of the hearing on the appeal in the time and
manner set forth in Sections 248.02 and 248.04.
D. De Novo Hearing. The reviewing body shall hear the appeal as a new matter. The
original applicant has the burden of proof. The reviewing body may act upon the
application, either granting it, conditionally granting it or denying it, irrespective of the
precise grounds or scope of the appeal. In addition to considering the testimony and
evidence presented at the hearing on the appeal, the reviewing body shall consider all
pertinent information from the file as a result of the previous hearings from which the
appeal is taken.
E. Decision on Appeal. The reviewing body may reverse or affirm in whole or in part, or
may modify the order, requirement, decision, or determination that is being appealed.
248.22 Appeal of Failure to Act
An applicant may appeal the failure of the Zoning Administrator, Design Review Board,
Environmental Assessment Committee, Subdivision Committee or Planning Commission to act on
an application if the failure to act continues beyond a reasonable time and the time to act is not
otherwise fixed by law. The appeal body shall consider all of the circumstances surrounding the
application in determining what is a reasonable time.
248.24 Appeal of Decision Not Otherwise Provided For
A. Any person may appeal a decision, requirement or determination made by the Director
in the administration of the zoning and subdivision ordinances not otherwise provided
for in the individual titles of this code. The Planning Commission shall hear the appeal
in the first instance. The appeal shall be in writing, filed with the Director and shall
specifically set forth the decision appealed from and the grounds for the appeal. The
ord104zoning/CHP 248 4
Ordinance No. 3691
November 2,2004
notice of appeal shall be filed within ten calendar days of the date of the action
appealed.
B. The notice of appeal shall be in the form provided by Section 248.20 A and B. The
Director shall schedule the appeal for consideration by the Planning Commission
within 3 0 calendar days and shall give the appellant ten calendar days notice of the time
and pplace of the hearing. The decision of the Planning Commission may be appealed to
the C ity Council.
248.26 Fee for Appeal
The notice of appeal shall be accompanied by the fee fixed by resolution of the City Council.
248.28 Appeal by City Council Member or Planning Commissioner
A. A City Council member or a Planning Commissioner may appeal a decision of the
Director, Design Review Board, Environmental Assessment Committee, Subdivision
Committee, Planning Commission or Zoning Administrator. The appeal shall be
processed in the same manner as an appeal by any other person but need not be
accompanied by the fee prescribed for an appeal.
B. The City Council member or Planning Commissioner appealing the decision is not
disqualified by that action from participating in the appeal hearing and the deliberations
nor from voting as a member of the reviewing body.
248.30 Effective Date of Decision
A decision on a discretionary approval becomes effective at the end of the appeal period. The
decision of the City Council is final on the date of its decision, except that decisions on coastal
development permits for development located in the appealable area of the coastal zone,the effective
date is the day after the Coastal Commission appeal period expires and no appeals were filed or the
date upon which final action on the appeal occurs. (3334)
SECTION 2. This ordinance shall become effective 30 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 6th day of December ,2004.
dor
ATTEST:
APPROVED AS TO FORM:
City Cleric I
City Attorney I!!9��y
REVIEWED AND APPROVED: INITIA D AND APPROVED:
C Y ministrator U Director of Planning
ord/04zoning/CHP 248 5
Ord. No. 3691
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) Ss:
CITY OF HUNTINGTON BEACH }
I, JOAN L. FLYNN, 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 regulalr
meeting thereof held on the 15th day of November,2004, and was again read to said
City Council at a regular meeting thereof held on the 6th day of December, 2004, and
was passed and adopted by the affirmative vote of at least a majority of all the members
of said City Council.
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L.Flynn,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 Huntington Beach Fountain Valley
Independent on December Ifi,2004.
In accordance with the City Charter of said City
Joan L. FIvnn, Ci1y Clerk C Clerk and ex-officio fi
erk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California