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Home My WebLink AboutCOASTAL DEVELOPMENT PERMITS (Procedure) - 1990 a • • FCITYOF HUNTiNGTON BEACH INTER DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Mike Adams, Community Development Dir From Connie Brockway, City Clerk P Subject NOTICE OF ACTION SENT AFTER Date January 26, 1990 COUNCIL'S ACTION ON COASTAL DEVELOPMENT PERMITS 1 This office has been sending Notices of Action which give the 10 day appeal period to the Coastal Commission as starting from the date the Coastal Commission receives the City Clerk' s Notice of Action (see attached)- #1 2 The City H B 0 C states 10 days from City Council ' s action (see attached) - #2 L1 214 s .5,) 3 I believe the city code may be incorrect which is making our legal notices incorrect I will continue sending the Notice of Actin out with the time frame of the letter not the code unless I am informed otherwise 4 Also, while reading the city code in trying to figure this question out I noticed the HBOC section re a finding that is necessary to be made when a Conditional Exception is part of a Coastal Development Permit This wording (see attached) was not included in the findings on the recent Huntington Harbour Bay and Racquet Club appeal filed by Bannister/Silva which I understand is being appealed to the Coastal Commission - #3 CB bt Attachments CC Gail Hutton, City Attorney CITY OF HUNTINGTON BEACH " 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK NOTICE OF ACTION COASTAL DEVELOPMENT PERMIT NO APPEALABLE DEVELOPMENT Applicant Request Location Date of Approval Your application was acted upon by the Huntington Beach City Council on and your request was Approved Conditionally approved ( see attached) Denied Withdrawn Under the provisions of the Huntington Beach Ordinance Code, the action taken by the City Council is final Approval of this development is appealable to the Coastal Commission pursuant to PRC S 30603 A denial may be appealed ( S 13319, Title 14 , California Administrative Code ) only if the City has approved a development on the basis of local land use regulations but has denied the issuance of a coastal development permit because it cannot make the findings required by Section 13311, Title 14 of the California Administrative Code Attachment #1 (Telephone 714536-5227) Notice of Action Coastal Development Permit No Page Two Pursuant to PRC S 30603 , an appeal by an aggrieved person must be filed in writing, and addressed to California Coastal Commission 245 W Broadway, Suite 380 POB 1450 Long Beach, California 90801-1450 (213) 590-5071 The appeal period begins when the Commission receives this notice of action and continues for ten ( 10) working days Applicants will be notified by the Coastal Commission as to the date of the conclusion of the Commission 's review period, and as to whether or not an appeal has been filed Applicants are advised not to begin construction prior to that date Provisions of the Huntington Beach Ordinance Code are such that an application becomes null and void one (1) year after the final approval, unless actual construction has begun Connie Brockway City Clerk Al 9 - J OFFICE of ZONING ADMINISTRATOR A CITY OF HUNTINGTON BEACH CALIFORNIA r P O BOX 190 92648 PHONE (714) 536 5271 NOTICE OF FILING STATUS AND PENDING PUBLIC HEARING Legal Filing Date July 17 1990 Petition/Document COASTAL DEVELOPMENT PERMIT NO 90-19 Applicant City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 r r^ Request To permit the constLuction of the Huntinga:!-on " Street Beach PaLking and Camping facility Location 21101 Pacific Coast Highway ( seaward side of Pacific Coast Highway at Huntington Street) Coastal Status APPEALABLE Dear Applicant and Interested Persons The above-referenced item has been accepted for processing A legal description is on file with the Department of Community Development , Planning Division NOTICE IS HEREBY GIVEN that a Public Hearing will be heard by the Zoning Administrator in Room B-6 of the Civic Center, 2000 Main Street , Huntington Beach, California , at 1 30 P M on Wednesday, August 1, 1990 It is very important that the applicant or his representative be present at the hearing Failure to appear may result in a denial of the application All interested persons are invited to attend said hearing and express their opinions for or against the proposed petition Further information may be obtained from Herb Fauland, Project Coordinator in the Department of Community Development , Planning Division, Civic Center , Huntington Beach, California , Telephone Number (714 ) 536-5271 This project is in the Appealable portion of the Coastal Zone The following appeal procedures will apply 024-281-14 IITY OF HUNTINGTON BEACH 04-034 CITY LLERK O 2000 MAIN ST HUNTINGTON BEACH CA 92648 CDP No 90-19 Page 2 Under the provisions of the Huntington Beach Ordinance Code the action taken by the Zoning Administrator is final unless an appeal is filed to the Planning Commission by the applicant or an aggrieved party Said appeal must be in writing and must set forth in detail the actions and grounds by and upon which the applicant or interested party deems himself aggrieved Said appeal must be submitted to the Department of Community Development within ten ( 10) working days of the date of the Administrator s action There is no fee for an appeal of a Coastal Development Permit Action taken by the Zoning Administrator may not be appealed directly to the Coastal Commission unless Title 14 , Section 13573 of the California Administrative Code is applicable Section 13573 (a) (3 ) states that an appeal may be filed directly with the Coastal Commission if the appellant was denied the right of local appeal because local notice and hearing procedures for the development did not comply with the provisions of this article The other three grounds for direct appeal do not apply If the above condition exists , an aggrieved person may file an appeal within ten ( 10 ) working days , pursuant to Section 30603 of the Public Resources Code, in writing to California Coastal Commission 245 West Broadway, Suite 380 P O Box 1450 Long Beach, California 90801-1450 (213 ) 590-5071 The Coastal Commission review period will commence after the City appeal period has ended and no appeals have been filed Applicants will be notified by the Coastal Commission as to the date of the conclusion of the Coastal Commission review Applicants are advised not to begin construction prior to that date Very truly yours , Michael Stran Zoning Admzni rat By Herb Fauland Assistant Planner MS HF 1p cc California Coastal Commission ( 6515d) CORRECTED COPY FECITY OF HUNTINGTON BEACH INTER DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Mike Adams From Connie Brockway Community Development Director City Clerk Subject NOTICE OF ACTION SENT AFTEP Date January 30, 1990 COUNCIL 'S ACTION ON COASTAL DEVELOPMENT PERMITS 1 This office has been sending Notices of Action which gives the 10 working day appeal period to the Coastal Commission as starting the date the Coastal Commission receives the City Clerk' s Notice of Action (See attachment #1 ) 2 The HBOC states 10 working days from City Council ' s action (See attachment #2) 3 I believe the city code may be incorrect which is making our legal notices incorrect I will continue sending the Notice of Action out with the time frame of the letter not the code unless I am informed otherwise 4 Also, while reading the city code in trying to figure this quest on out I noticed the HBOC section re a finding that is necessary to be made when a Conditional Exception is part of a Coastal Development Permit This wording (See attachment #3) was not included in the findings on the recent Huntington Harbour Bay and Racquet Club appeal filed by Bannister/Silva which I understand is being appealed to the Coastal Commission 5 Another area the code may need changing is that on a recent CUP-CDP appeal from Planning Commission to City Council , the appellant was allowed because of a technicality to file one day late (11 days) In reading the HBOC, it again states that an appeal may be filed with Council to a Planning Commission decision within 10 working days, so the appeal was actually timely and did not need a technicality to be accepted Perhaps the code could be changed to be more uniform unless there was a legal reason requiring working days rather than calendar days (Attachment #4) CB bt CC Gail Hutton, City Attorney Council/Administrator Attachments Notice of Action Coastal Development Permit No Page Two Pursuant to PRC S 30603 an appeal by an aggLieved person must be filed in writing and addressed to California Coastal Commission 245 W Broadway Suite 380 POB 1450 Long Beach California 90801-1450 { 213 ) 590-50-71 The appeal period beyzns whet the Cumrnission receives Lnis Liot ic-e of action and co-tinues for ten ( 10 ) working days Applicants will be notified by the Coastal Commission as to the date of the conclusion of the Commission s review period and as to whether of not an appeal has been filed Applicants are advised not to begin construction prior to that date Provisions of the Huntington Beach Ordinance Code are such that an application becomes null and void one ( 1 ) year after the final approval unless actual construction has begun Connie Brockway City Clerk s } � CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK NOTICE OF ACTION COASTAL DEVELOPMENT PERMIT NO _ APPEALABLE DEVELOPMENT Applicant Request Location Date of Approval Your application was acted upon by the Huntington Bach City Council on and your request was Approved Conditionally approved ( see attached ) Denied Withdrawn Under the provisions of the Huntington Beach Ordinance Code the action taken by the City Council is final Approval of this development is appealable to the Coastal Commission pursuant to PRC S 30603 A denial may be appealed ( S 13319 Title 14 California Administrative Code ) only if the City has approved a development on the basis of local land use regulations but has denied the issuance of a coastal development permit because it cannot make the findings required by Section 13311 , Title 14 of the California Administrative Code Attachment #1 (Telephone 714-536-5227) 989 5 5--989 5 7 ( iii ) the owner of the subject property or duly authorized agent ( if different from the appellant and/or applicant) , ( iv) the Coastal Commission, (v) any commission or board as provided in the C-LCP, (vi ) all persons who have submitted a written request for notification of action on this specific CDP application and who have submitted self-addressed, stamped envelopes or paid a reasonable fee to receive such notice (3 ) Notice of City_ Appeal Action On or before the seventh ( 7th) calendar day following the date of action on an appeal the H B Director , or the Clerk of the City Council ( as appropriate) shall forward by first class mail , a copy of the written decision to the persons who were notified of the appeal (See subsection (B) (2) above ) r (C) Actions Appealable to the Coastal Commission After Exhaustion of City Appeals An action by the City Council regarding a CDP application for any appealable development may be appealed to the Coastal Commission within ten ( 10) working days from the date of the Council s action by the applicant , an aggrieved person, or any two (2) members of the Coastal Commission, provided such appeal is filed in accordance with the adopted regulations of the Coastal Commission 989 , 5 _6 Application After Denial Whenever a CDP request under the provisions of this section has been denied and such denial has become final , no new CDP application for the same or similar request may be accepted within one ( 1) year of the denial date, unless the H B Director finds that a sufficient change in circumstances has occurred to warrant a new CDP application 989 5 7 Expiration Qf CDP A CDP shall expire on the latest explration date applicable to any other permit or approval required for the project , including any extension granted for other permits or approvals Should the project require no city permits or approvals other than a CDP, the CDP shall expire one ( 1) year from its date of approval if substantial work on the 11/87 989 5 4 (d) California Coastal-, c-t That the development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act , (e) Conditional Exception Applications In addition to the findings required for a Conditional Exception by the Board of Zoning Ad3ustments and/or the Planning Commission, the following finding shall also be made Approval of the Conditional exception will result in no modification to the requirements of the C-LUP (H) Pbli_c Hearing and Comment-* ( 1) The approving authority specified in subsection (G) of this section , shall hold a public hearing prior to any action on a CDP application where any of the following apply ( a) The CDP application is for a non-appealable development and the base district regulations require the holding of a public hearing prior to action or recommendation on other approvals required for the pro] ect (b) The CDP application is for an appealable development as defined in Section 989 5 1 ( 2 ) A public hearing on a CDP application may be held concurrently with any other public hearing on the development pr03ect held by the approving authority specified in subsection (G) of this section (3 ) Any person may submit written comment on a CDP application, or on a CDP appeal , at any time prior to the close of the applicable public hearing If no public hearing is required , written comments may be submitted prior to the action date specified in the notice required by subsection (J) of this section Written comments shall be submitted to the H B Director who shall forward them to the appropriate person board commission council or applicant 11/87 I I • 989 5 5 989 .5. 5 Appeals Development pursuant to an approved CDP shall not commence until all applicable appeal periods expire or , if appealed, until all appeals , including the Coastal Commission, have been exhausted The action regarding any CDP application may be appealed in compliance with the provisions of the Huntington Beach Ordinance Code and with the following additional provisions (A) Actions Appealable Directly to the Coastal Commission An action regarding a CDP application for any appealable development may be appealed directly to the Coastal Commission without exhausting the appeal procedures specified by this section provided such appeal is filed in accordance with the adopted regulations of the Coastal Commission (B) Actions Appealable in Accordance with the Huntington Beach Ordinance Code ( 1) Filing-Procedure An appeal shall be filed within ten ( 10) working days of the approving authority s action by any aggrieved person with the Department of Development Services on a form provided by the H B Director , and shall be accompanied by a fee set by resolution of the City Council and a statement of the grounds for appeal Said appeal fee shall be waived in lieu of the reimbursement of that fee through the instrument of Section 2231 of the Revenue and Taxation Code (SB 90) claim or similar reimbursement process established by the Coastal Commission (2) Notice of Public Hearing ( a) Contents of Notice Notice shall contain the same information as the original notice except that it shall also give the appellant ' s name and state that the hearing is an appeal (b) Provision of Notice Notice shall be mailed, by first class mail , at least ten ( 10) calendar days before the public hearing on an appealed CDP application to the following W the appellant ( 11 ) the applicant ( if different from the appellant) , 11/87