HomeMy WebLinkAboutCoastal Element Amendment 83-1 - Section 9802 REQUEST FOR CITY COUNCIL ACTION
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April 8, 1983
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Submitted to: Honorable Mayor and City Council //
Submitted by: 'Charles W. Thompson, City Administrator
prey by: James 47. Palin, Director of Development Services::'
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Subjwt: REMOVING SECTION 9802 FROM THE CITY'S ZONING ORD ANCE WHICH
AIYJPTS CHAPTERS 3 AND 4 OF THE CALIFORNIA GOVERNMENT CODE BY
t REFERENCE.
Swtenmt of Issue,Recommendation,Analysis,Funding Source,Alternative Actions,Attachments:
STATEMENT OF ISSUE:
Following the City CoUncil's consideration of an implementing ordinance
for Senate Bill 626 (The Mello Bill) in February, 1983, ..staff was directed
to pu=sue methods to. remove the twenty percent inclusionary requirement
from the City's Coastal Land Use Plan and amend Section 9802. of the
City's zoning ordinance which adopts and incorporates by reference
Chapters 3 and 4 .of the California Government Code, in order to eliminate
the need for inclusion ary_ housing. Staff is currently preprring an amend-
ment to the Coastal Land Use Plan to achieve this and gill forward it to .
the Planning Commission shortly. The following analysis addresses the '..., •
City's reference to Chapters 3 and 4 of the California Government Code.
]RECOMMENDATION:
Staff recommends that the Ci.ty Council, adopt the attached ordinance
amending Section 9802 of the City's zoning ordinance. The proposed new
wording clarifies that the City is not adopting any portion of the
California Government Code that now or in the future would require in-
clusionary zoning in new development.
ANALYSIS:
Planning by cities and/or counties is prescribed in detail in the
Planning and zoning raw of the California Government Code, particularly
in Chapters 3 and 4. The provisions for local planning app3y, as & rule,
only to counties or , eneral law cities, except to the extent that such
provisions are adopted by charter or ordinance of a chartered city.
The City of Huntington Beach in Section 9802 .)f the City's zoning ordin-
ance has adopted by reference Chapters 3 and 4 of the California Govern-
ment Code. These are the chapters that deal with local goverrurant and
zoning regulations, respectively.
{
The City is mandated to comply with some of the provisions of Chapters
3 and 4 whetner or not it adopts these chapters by reference. For
example, charter cities must adopt general plans. Also, many of the
provisions that were recently added to the Government Code, such as
those regarding coastal zone rousing, zoning for mobile homes on single-
,family lots, and density bonuses for affordable housing, explicitly state
F10 41al '
• -hpril 8, 1983
Page 2,
that they apply to charter cities. A list of the sections in Chapters
3 and 4 that are definitely mandatory for charter cities is attached to
this report for your information. The City Attorney's office, has also
indicated that even if the Government Code does not specifically state
that a section applieu. to rharter cities we cannot automatically asetune
that it does not. The City, Attorney's office has indicated that they
would want to review each section in detail to determine its appli-
cability.
There are a number of activities provided for it, Chapters 3 and 4 of ...
the Government, Code that are not explicitly mandatory but which the City
should retain the authority to pursue. -, A list of these activities' is
attached .for your information. Some examples of these activities are
the ability to establish zonin-g districts, to adopt specific plans, and
to enter into development agreements. The City should keep its 'efer--
ence to Chapters 3 and 4 of the Government Code in its zoning ordinance'
in order to continue to pu•rrue these activities.
While the City should continue to reference Chapters 3 and 4 of the
California Government Code, At may choose to specifically eliminate por•-
tions of the code from this reference. For example, the City.can state
that it'is not adopting any existing or future provisions of the Govern-
ment Code that relate to inclusionary zoning. It should be noted, how- ,
ever, that .this approach will not release the City from any..chligation
to comply with State requirements that are mandatory for charter cities.
FUNDING SOURCE:
Not applicable.
ALTERNATIVE ACTION:
Not applicable.
ATTACHMENTS:
1. Ordinance
2. Mandatory requirements of the California Government Code
3. Desirable planning functions outlined in the California
Government Code
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' ATTACHMENT 1
MANDATORY.: REQUIREMENTS OF THE
CALIFORNIA GOVERNMENT CODE*
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The following requirements of Chapters 3 and 4 of the California Govern- � .
ment Code are mandatory for charter cities: !
CHAP.,ER 3
Section Title Subject
65250 Funding and Fees Fees shall not exceed the cost
of services
65300- Authority for and Scope Requires City to adopt General %
65307 of General Plans Plan with nine mandated
elements
6551 Administration & Fees Fees shall not exceed the cost
of services
65590 Coastal Zone Housing Senate Bill 626, ",+cello Bill"
65560- Open Space Lands Open space plan and consis- pr
65570 tency
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65580- Housing Element Content and periodic revision
65589 of 'Housing Elements
CHAPTER 4
65852.1- Granny Housing Second units in single-family
65682.2 :cones
65852.3 Local Mobile Home Mobile homes on single;-family
zoi-ing lots
65852.7 Mobile Home Parks Mobile home parks a permitted
use on residential land
65909.5 Fees Fees not to exceed cost of
service
65913- Housing Development Zone sufficient land for afford- '
65914 Approvals able residential development;
expedite processing z`y'
65915s- Density Bonuses and Density bonus for. affordable,
65918 Other Incentives housing . ;4
6F920- Review and Approval of Procedure and time limit for
65960 Development Projects process�ng development appli-
cations
t.
* Additional sections may be mandatory Subject to review by the �
City Attorney's office.
. ......,a r ti l4.
ell) r-111
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ATTACHMENT 2
PLANNING FUNCTIONS OUTLINED IN THE
CALIFORNIA GOVERNMENT CODE
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The following activities are functions that the City would want. to
have the authority to pursue but which are not explicitly mandatory
for Charter Cities:
.section `
65100,.77 Planning Agency Establish and operate a
'651041 planning agency.
65150
1
65200. - Planning Department Establish and operate a
65202 planning department.
65251. - Expenses and Payments
65.252 (for Planning Agency)
65450 - Authority for and Scope
65453 of Specific Plans
65550 - Administration of
.65553 Sr_cific Plans and i
Regulations ,. •
. 65600 -- Area Planning
65604
Chapter 4
65850 Authority to zone property
65851 Establishment of zoning
districts `
65858 Interim zoning ordinance
in urgenoy situations
65859 Prezonino yy
65865 Authority to enter (de-r
` relopment) agreements.
65900 - (Board of Zoning Adjustments)
65904
65906 Variances
65906.5 Parking Varianceu i
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Superior Court
'' ortltrs
f; hTATE OF CAWFORNIA
l� in and for the Cota+ty of Orange
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CITY OF HUNTINGTON BEAC14 FOFP 1 A7`IO
CITY C[.f1tK
PUBLIC
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state of Gliforriis ) f
Countyoforange rs. 'r ;" r«'•r� r+s«,, x,.
APRIL L. ELLIOTT ' st
That I.am and at all times herein mentioned wu it citizen of
the United Iitates,Beer the sge of twenty-one yeses,and that 1
am not a party�not Interestrd In the abow entitled matter.
Val Ism
the principal clerk of U-*primer of the
t.
HMMNATDN BEACH IND. REVIEW
a eerrtpaper of general circulation,published In the City of
HUNTINGTON BEACH i
Caunty of Ora v and which newspap-r is published for the
d6sralr►etion of local news and InteUigtm of a general charge. '` rk: .w• ,.,;:. .
ter.and which newxpow at all times herein mentioned had
and still has a bons tide subscelptron fiat oC paying subwsih», L':,'i`�l
and which newrpaper ha Iron eetablbhed.printed rid pub.
Mod at regular InternU In the said C*unty of OnnM for a s
Wed s:ctedir4 one yesr; that the notke. of which the. 1
annexed Is a printed copy.has been published in the retake
and entire taw of said newnww.and rwt in any at-vptrment i
thereor,on tM fotta wlag d6tet,to wit:
MAY So :!M3
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1 e.ttlfy(or dectars)un`d�er penalty of pert ay that the ford-
ing is Lew trod %RDEN GROVE '
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6th MAY 83
Cslifsr I-t.this........day of..........19........
April L. Elliott L
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Signalt�rt _ter,;!J•.. ` � �'t.1
REQUEST FOR CITY COUNCIL ACTION
Date May 2, ?Q 8 3
Ribmitted to: honorable Mayor and City Council
Submitted by: Charles W. Thompson, City Adrninictrat ,f
Prepared by: James W. Palin, Director of Development Services p
Subject: COASTAL ELEMENT P.MENDMENT NO. 83-1
Statement of Issue,R=mmcndation,Analysis, Funding Source,Alternative Actions,Attachments:
STATEMENT OF ISSUBO-
At _t;he Council's direction, ,staff initiated a Coastal Element Amendment
to remove the inclusionary housing requirements from the Coastal
Element.
PLANNING COMMISSION ACTION:
`The Planning Commission approved Coastal Element Amendment No. 83-1
by the following vote:
ON MOTION BY HIGGINS, SECOND BY MIRJAHANGIR
AYES: Hiyyins, Winchell, Porter, Mirjahangir
NOES: None
ABSENT: Livengood, Schumacher
ABSTAIN: Erskine
PLANNING'COMMISSION RECOMMENDATION:
Adapt Coastal. Element Amend:ent No. 83-1.
STAFF REC03�ffiiENDATION t
Element Amendment 83-1 by the
earin adopt Coastal
After a public h g� p
attached resolution.
ANALYSISi
Senate Bill 626 Wello) , which became law on January 1, 1983, removed
housing issues from the jurisdiction of the Coastal Commission. At the
same time, the bill imposed requirements related to affordabl: housing
in the coastal zone which must be implemented by all local governments,
even charter cities. These requirements call for the provision of
affordable housing in new projects in the coastal zone where feasible..
An analysis of Senate Bill 626 and Assembly Bill 321 (which further
clarified the new requirements) was provided to the Planning Commission
on March 9, 1982. The Planning Commission subsequently requested that
City Council appoint a Houbing Committee to study the now requirc.mesnts
and make rocommenb..tions on how they should be implemented in the City,
or.-�
May 2, 1983
Page 2
The Hoctsing Committe has been meeting since July, 1982 and brought its
recommendations to the Planning �Commission on November 2, 1982: in the. ,
form. o£,an interim policy. The Planning Commission approved the.policy
with some changes and forwarded it to the City Council. On February 22,
1.983, the *.Council i:onsidered the recommended policy ., and. -detertained
not to adopt it, but to direct staff to review-each proposal in the
coastal zone on a case-by-ease. basis for compliance with new housing
requirements- In addition, staff was directed to remove the inclt -
sionary housing requirements from the Coastal Land Use Plai;.
Coastal Element Amendnen•: 83-1 was prepared by staff in response to
this directson. -.'At:thesar,1e time, staff recommends that..the entire
housing section be -deleted from the Coastal Element, as: ;jousing policies
are .no longer required in Lanai Use Plans. This would leave the 'City'e
housing Element as the policy document on housing for the entire City;
and would allow the General Plan to be internally consistent. The proposed;'
_._ _delations'.are shown on the attached pages.
ENVIRONMENTAL STATUS:
Thi proposed modifications do not constitute a project under CEQA.
ALTERNATIVES:
1. Do not adopte Coastal Element Amendment 83-1. This would leave the
housing policies and inclusionary requirement intact.
2. Remove only some. of the housing policies, leaving others as part
of the Coastal Element. i
ATTACHMENTS:
1. Text of Coastal Element pages 76-86 and 150-151
2. Resolution adopting Coastal Element Amendment 83-1
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193.
Publish 1983
NOT?GE''OF PUBLIC HEARING
%F1ASTAL ELEHENI ,,"HENDMEW HO 83-1
NOTIFCE IS HEREBY GIVEn 'that a public heaving will be held by the City Council
of tha City of Huntington Beach, in the Council Chamber of the Civic Center,
Huntington Beach, at the hour of 7:.'.0 P.M., or as soon.the'reafter as
possible an Ho ax the _]6t!L, day of ,May lye.
for the purpose of considering Coastal Element Am:ndment No. 83-1, an amendment
to the Coastal Element of the General Plan. Said amendment will remove all housiag .'
policies and all discussion or hooising issues from the Coastal Element.
Copies of said amendment are on Vile in the Development Services Office.
All interested persons are invited, to attend said hearing and express their
opinions for or against said Coastal Element Amendment No. 83-1
1 Further information may be obtained from the Office of the City Clerk, 2000 Main
f Street, Huntington Beach, California. 92640 - (1)4j 536-5227
0ATED April 28, 1983
CITEACH
BYOF: M. Hen+ fi t
: Alicia orth
City Clerk
LTC" NOTICE
NOTICE OF,. PUBLIC BEARING
:. NOTICE x HERE Y G at a gubl"ie hearing. will be hold
b.y the City f,the+ City f Iuntingto Beach,
California, for the pu ose of cons;.3oringio.�_,,,
4 of
I �ai�l
;5 ' •OIIM� .
Said hearing will be held at the hour of �;;�� P.M. , on
in the Council Chambers Building of the
Civic nter- 000 Main Street, Huntington Beach, California.
All interested persons are invited to attend said hearing and
express their opinions for or against the proposed '
Further information may be obtained from the City planning ;
} Department.
Telephone No. (714) 536-5271
" DATED this - -- day of
CITY PLANNING COMMISSION
By '
• f '
NOTICE ' O CLERX TO SCHEDULE PUBLIC HEARING
AV-
ITEMS
T0: CITY CLERK'S OFFICE DATE: - ;
I'BDM,. 1 4MVIS0%
PLEASE SCHEDULE A PUBLIC HEARING USING THS? ATTACHED LEGAL NOTICE FOR THE
-./-&gAY OF 190.
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AP's are attached
AP's will fullow
Initiated by:
Planning Co=issiun
Planning Department
Petition
* Appeal
Other
Adoption of Environmental Status (x) _
YES N
Refer to —a A., Planning Department - Extension #,�, 2P
for additional in£onution.
* If apea please transmit exact wording to be required in Lhe legal.
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