HomeMy WebLinkAboutApprove for introduction Ordinance No. 4058 approving Zoning C'/ lei.
Dept. ID PL 15-008 Page 1 of 3
Meeting Date: 514/2015
A ,01.. t1^07.
CITY OF HUNTINGTON BEACH
g„g REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 5/4/2015
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Michael Gates, City Attorney
Scott Hess, AICP, Director of Planning and Building
SUBJECT: Approve for introduction Ordinance No. 4 0 5 8approving Zoning Text Amendment
(ZTA) No. 15-004 amending Chapter 204 of the Huntington Beach Zoning and
Subdivision Ordinance (HBZSO) to add a Prohibited Uses section and to
expressly prohibit medical marijuana dispensaries within the City
Statement of Issue:
Transmitted for City Council consideration is Zoning Text Amendment No. 15-004, a request to
amend Chapter 204 Use Classifications of the Huntington Beach Zoning and Subdivision Ordinance.
Financial Impact:
Not applicable.
Recommended Action:
A) Approve Zoning Text Amendment No. 15-004 with findings for approval; and,
B) Approve for introduction Ordinance No.4058 "An Ordinance of the City of Huntington Beach
Adding Section 204.18 to Chapter 204 of the Zoning and Subdivision Ordinance Titled Use
Classifications (Zoning Text Amendment No. 15-004)."
Alternative Action(s):
The City Council may make the following alternative motion(s):
1. Deny Zoning Text Amendment No. 15-004 with findings for denial.
2. Continue Zoning Text Amendment No. 15-004 and direct staff accordingly.
Analysis:
A. PROJECT PROPOSAL:
Applicant: City of Huntington Beach, CA 92648
Location: Citywide
Zoning Text Amendment No. 15-004 represents a request to amend Chapter 204 Use
Classifications of the Huntington Beach Zoning and Subdivision Ordinance to add a Prohibited Uses
section and to expressly prohibit medical marijuana dispensaries within the City. The proposed _
xB -6 1 9- Item-11. - I
Dept. ID PL 15-008 Page 2 of 3
Meeting Date: 5/4/2015
Zoning Text Amendment was initiated pursuant to City Council's direction to amend the HBZSO to
expressly articulate the current prohibition on medical marijuana dispensaries in the City.
B. BACKGROUND:
In February 2005, the City enacted a moratorium on medical marijuana dispensaries. In March
2005, the City Council adopted Ordinance No. 3703 which specifically allowed medical marijuana
dispensaries in the IG (General Industrial) and IL (Limited Industrial) zoning districts of the City
subject to additional requirements. In November 2007, due to the City's concerns of public health,
safety, and welfare of the residents and businesses, the City Council amended the Zoning and
Subdivision Ordinance to eliminate medical marijuana dispensaries as a permitted (non-profit, for-
profit, retail, commercial or otherwise) use within the City. Accordingly, medical marijuana
dispensaries have not been listed as a permitted use in the City and are thereby prohibited in any
zoning district in the City.
In March 2015, the City Council directed staff to prepare an Ordinance amendment that adds
expressly articulated language to the HBZSO that medical marijuana dispensaries are a prohibited
non-profit, for-profit, retail, commercial, or otherwise, establishment in the City. The Ordinance
amendment will specify that mobile medical marijuana dispensaries fall under the same prohibition.
This amendment is not a change to the City's longstanding prohibition against medical marijuana
dispensaries; the amendment is only to enhance the Code to expressly articulate to the public the
prohibition on medical marijuana dispensaries.
C. PLANNING COMMISSION MEETING:
The Planning Commission held a public hearing on Zoning Text Amendment No. 15-004 on April 14,
2015. During the public hearing, staff gave an overview of the proposed amendment. There were
two speakers during the public hearing and the Planning Commission voted to recommend that the
City Council approve Zoning Text Amendment No. 15-004 based on the findings provided in
Attachment No. 1. The Planning Commission also recommended that language be added to the
Ordinance to clarify that delivery of medical marijuana into the City from an establishment outside
the City is not prohibited. Staff evaluated the Planning Commission's recommendation and
concluded that no changes to the Ordinance are necessary.
Planning Commission Action dated April 14, 2015
A MOTION WAS MADE BY SEMETA, SECONDED BY BRENDEN TO APPROVE ZONING TEXT
AMENDMENT NO. 15-004 AND FORWARD TO CITY COUNCIL BY THE FOLLOWING VOTE:
AYES: CROWE, SEMETA, PINCHIFF, KALMICK, MANDIC, BRENDEN, HOSKINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
MOTION PASSED
D. STAFF ANALYSIS AND RECOMMENDATION
The proposed Zoning Text Amendment was initiated pursuant to City Council's direction to amend
the Huntington Beach Zoning and Subdivision Ordinance to expressly articulate the current
prohibition on medical marijuana dispensaries in the City. The draft ordinance (Attachment No. 2)
Item 11. - 2 HB -620-
Dept. ID PL 15-008 Page 3 of 3
Meeting Date:5/4/2015
provides the new language to be added to the HBZSO. The Planning Commission and staff
recommend approval of ZTA No. 15-004.
Environmental Status:
The proposed project is categorically exempt pursuant to City Council Resolution No. 4501, Class
20, which supplements the California Environmental Quality Act.
Strategic Plan Goal:
Improve quality of life
Attachment(s):
1. Suggested Findings —ZTA No. 15-004
2. Ordinance N04058 , "An Ordinance of the City of Huntington Beach Adding Section 204.18 to
Chapter 204 of the Zoning and Subdivision Ordinance Titled Use Classifications (Zoning Text
Amendment No. 15-004"
3. Planning Commission Staff Report dated April 14, 2015
xB -621- Item 11. - 3
AITACHMLNT # 1
ATTACHMENT NO. 1
SUGGESTED FINDINGS FOR APPROVAL,
ZONING TEXT AMENDMENT NO. 15-004
SUGGESTED FINDINGS FOR APPROVAL, - ZONING 'TEXT AMENDMENT NO. 15-
004:
1. Zoning Text Amendment No. 15-004 amends Chapter 204 Use Classifications of the
Huntington Beach Zoning and Subdivision Ordinance to define medical marijuana
dispensaries and add a Prohibited Uses section. ZTA No. 15-004 is consistent with the goals,
policies and objectives specified in the General Plan by expressly prohibiting uses that are
not expressly allowed.
2. In the case of the general land use provisions, the amendments proposed are compatible with
the uses authorized in, and the standards prescribed for the Zoning districts for which they
are proposed. The changes do not affect zoning of any property by altering allowed land use
or the development standards thereof.
3. A community need is demonstrated for the proposed amendment to ensure that the HBZSO
expressly prohibits medical marijuana dispensaries in the City as allowed by state law.
4. Its adoption will be in conformity with public convenience, general welfare and good zoning
practice. Approval of Zoning Text Amendment No. 15-004 will ensure that medical
marijuana dispensaries are not allowed in the City.
ZTA No. 15-004(Medical Marijuana Dispensaries) Attachment No. 1.1
Item 11. - 4 HB -622-
ATTACH
MENT 2
ORDINANCE NO. 4058
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
ADDING SECTION 204.18 TO CHAPTER 204 OF THE
ZONING AND SUBDIVISION ORDINANCE TITLED
USE CLASSIFICATIONS
(ZONING TEXT AMENDMENT NO. 15-004)
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. 15-004, which amends Chapter
204 of the Huntington Beach Zoning and Subdivision Ordinance relating to use classifications;
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. Section 204.18 of the Zoning and Subdivision Ordinance is hereby added
to read as follows:
204.18 Prohibited Uses.
A. Purpose. In order to expressly inform the public that any distribution of
marijuana by Medical Marijuana Businesses, Collectives, Cooperatives or
Dispensaries, etc. are prohibited in the City of Huntington Beach, the City is
adding this express prohibition to the Zoning and Subdivision.Ordinance.
B. Definitions. For purposes of this section, the following term is defined:
1. Medical Marijuana Business, Collective, Cooperative or Dispensary
means any location, structure, facility, vehicle, business, store, co-op,
residence, or similar facility used, in full or in part, as a place at or in
which marijuana is sold, traded, exchanged, bartered for in any way, made
available, located, stored, displayed, placed or cultivated, including any of
the foregoing if used in connection with the distribution of marijuana.
1 5-4665/1 1 8986.doc 1
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C. Medical Marijuana Businesses, Collectives, Cooperatives or Dispensaries. A
Medical Marijuana Business, Collective, Cooperative or Dispensary or any other
such business, no matter how so named, is not a permitted use in any zoning
district or specific plan in the City. It shall be unlawful for any person or entity to
own, manage, establish, conduct or operate a Medical Marijuana Business,
Collective, Cooperative or Dispensary. Also, it shall be unlawful for any person
to permit to be established, conducted, operated, owned or managed as a landlord,
owner, employee, contractor, agent or volunteer, or in any other manner or
capacity, any medical marijuana business, collective, cooperative or dispensary in
the City.
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 18thday of May , 2015.
�t
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ATTEST: APPROVED TO F
0 ity Clerk City Attorney
REVIE :fROVED: INITIAT AND APPROVED:
r Manager Drrec or 'of Plaruling and Building
15-4665/118986.doe 2
Ord. No. 4058
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 regular
meeting thereof held on May 04,2015, and was again read to said City Council at a
regular meeting thereof held on May18,2015, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Posey, O'Connell, Katapodis, Sullivan
NOES: Hardy, Delgleize, Peterson
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 Wave on
May 28,2015.
In accordance with the City Charter of said City
Joan L. Flynn,City Clerk Ci lerk and ex-officio Jerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ATTACHMENT #3
City d-Huntington Peach Planning and Building 0epaitment
HUNiINGTON 9EAL71 --. - -
I
TO: Planning Commission j
FROM: Scott Hess, AICP, Director of Planning and Building
BY: Tess Nguyen, Associate Planner
DATE: April 14,2015
SUBJECT: ZONING TEXT AMENDMENT NO. 15-004 (MEDICAL MARIJUANA
DISPENSARIES)
APPLICANT: City of Huntington Beach,2000 Main Street,Huntington Beach, CA 92648
LOCATION: Citywide
STATEMENT OF ISSUE:
o Zoning Text Amendment(ZTA)No. 15-004 request:
- To amend Chapter 204 Use Classifications of the Huntington Beach Zoning and Subdivision
Ordinance (HBZSO) to add a Prohibited Uses section and to expressly prohibit medical
marijuana dispensaries within the City.
® Staff Recommendation:
Approve Zoning Text Amendment No. 15-004 based upon the following:
- Allows the HBZSO to be consistent with state law which allows cities to entirely exclude
facilities that distribute medical marijuana-
- Does not alter zoning or change the uses allowed on any property.
RECOMMENDATION:
Motion to:
"Approve Zoning Text Amendment No. 15-004 with findings (Attachment No. 1) and forward Draft
Ordinance (Attachment No. 2)to the City Council for adoption."
ALTERNATIVE ACTION(S);
The Planning Commission may take alternative actions such as:
A. "Deny Zoning Text Amendment No. 15-004 with findings for denial."
B. "Continue Zoning Text Amendment No. 15-004 and direct staff accordingly."
#®-2
HB -625- Item 11. - 7
PROJECT PROPOSAL,:
Zoning Text Amendment No. 15-004 represents a request to amend Chapter 204 Use Classifications of
the Huntington Beach Zoning and Subdivision Ordinance to add a Prohibited. Uses section and to
expressly prohibit medical marijuana dispensaries within the City. The proposed Zoning Text
Amendment was initiated pursuant to City Council's direction to amend the HBZSO to clearly and
expressly articulate the current prohibition on medical marijuana dispensaries in the City.
Backzround:
In February 2005, the City enacted a moratorium on medical marijuana dispensaries. In March 2005,
the City Council adopted Ordinance No. 3703 which specifically allowed medical marijuana
dispensaries in the IG (General Industrial) and IL (Limited Industrial) zoning districts of the City
subject to additional requirements. In November 2007, due to the City's concerns of public health,
safety, and welfare of the residents and businesses, the City Council amended the Zoning and
Subdivision Ordinance to eliminate medical marijuana dispensaries as a permitted (non-profit, for-
profit, retail, commercial or otherwise) use within the City. Accordingly, medical marijuana
dispensaries have not been listed as a permitted use in the City and are thereby prohibited in any
zoning district in the City.
In March 2015, the City Council directed staff to prepare an Ordinance amendment that adds expressly
articulated language to the HBZSO that medical marijuana dispensaries are a prohibited non-profit,
for-profit, retail, commercial, or otherwise, establishment in the City. The Ordinance amendment will
specify that mobile medical marijuana dispensaries fall under the same prohibition. This amendment
is not a change to the City's longstanding prohibition against medical marijuana dispensaries; the
amendment is only to enhance the Code to make the prohibition clearer to the public.
ISSUES:
General Plan Conformance:
The proposed Zoning Text Amendment is consistent with the goals of the City's General Plan as
follows:
A. Land Use Element:
Goal LU 7: Achieve a diversity of land uses that sustain the City's economic viability, while
maintaining the City's environmental resources and scale and character.
B. Public Facilities and Services Element:
Goal PF 1: Protect the community from criminal activity, reduce the incidence of crime and
provide other necessary services within the City.
The proposed text amendment will protect the City from adverse impacts such as increases in
criminal activities, vehicular and pedestrian traffic, and nuisances for adjacent properties in the
areas surrounding medical marijuana dispensaries.
Item 11. - 8fReport-04/14/2015 HB 6�0- (15sr14 ZTA 15-004)
Zoning Compliance: Not applicable.
Urban Desi,-n Guidelines Conformance: Not applicable.
Environmental Status:
The proposed project is categorically exempt pursuant to City Council Resolution No. 4501, Class 20,
which supplements the California Environmental Quality Act.
Coastal Status:
This project would be considered a minor amendment to the City's Local Coastal Program and will be
forwarded to the California Coastal Commission with other minor amendments for certification.
Design Review Board: Not applicable.
Subdivision Committee: Not applicable.
Other Departments Concerns and Requirements: Not applicable.
Public Notification:
Legal notice was published in the Orange County Register on April 3, 2015. As of April 7, 2015, no
communication supporting or opposing the request has been received.
Application Processinff Dates:
DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S):
Not Applicable Legislative Action-Not Applicable
ANALYSIS:
The proposed Zoning Text Amendment was initiated pursuant to City Council's direction to amend the
Huntington Beach Zoning and Subdivision Ordinance to expressly articulate the current prohibition on
medical marijuana dispensaries in the City. The draft ordinance (Attachment No. 2)provides the new
language to be added to the HBZSO. Staff recommends that the Planning Commission approve
Zoning Text Amendment No. 15-004 and forward to the City Council for adoption.
ATTACHMENTS:
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PC Staff Report—04/14/2015 HB -627- (15sr14 ZTA Item 11. - 9
COMMUNICATIONS RECEIVED REGARDING THE
FOLLOWING AGENDA ITEM:
Zoning Text Amendment No. 15-004
(Medical Marijuana Dispensaries)
Item 11. - 10 HB -628-
Dombo, Johanna
From: Surf City Pipeline [noreply@user.govoutreach.com]
Sent: Sunday, March 08, 2015 2:34 PM
To: Dombo, Johanna
Subject: Surf City Pipeline: You have been assigned a new Request#: 21494
Request#21494 from the Government Outreach System has been assigned to you.
Request type: Question
Request area: Inquiry to a City Council Member
Citizen name: Anonymous
Description: The council is still trying to ban Marijuana, Dave said it should be prescribed by Doctors
(which it is) and should be sold by pharmacies and grows regulated, yes put that to
VOTE, gateway drug NOT I have been smoking for years and never wanted to try
heroin. This is like segregation in the 60s the laws were clear yet cities still imposed
segregation laws to keep the blacks down. Now the city is doing the same in HB with
marijuana. Half the states have legal marijuana laws this council is intent on enforcing
outdated laws and deigning our freedom, we have Voted and it passed now this city
wants to further obstruct our FREEDOMS. STOP!!! THE VOTERS WILL OUST YOU
like the bag ban and firework ban that was turned over. Stick to the real issues and stop
trying to legislate freedom., no harm no victims, Give the people who are in need a safe
place to purchase REGULATE NOT BAN.
Expected Close Date: March 18, 2015
Click here to access the request
Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not
monitored and will be ignored.
1
HB -629- Item 11. - 11
Dornbo, Johanna
From: Surf City Pipeline [noreply@user.govoutreach.com]
Sent: Monday, March 09, 2015 2:11 PM
To: Dombo, Johanna
Subject: Surf City Pipeline: You have been assigned a new Request#: 21502
Request#21502 from the Government Outreach System has been assigned to you.
Request type: Question
Request area: Inquiry to a City Council Member
Citizen name: Larry McNeely
Description: Once again the City Council is overstepping, The Bag Ban- Fireworks Ban and now the
only Marijuana Dispensaries. Yes you might have gotten a few calls against BUT in
1996 we the citizens voted for decriminalization and medical use yes that is over half the
population of the city voted for this some 100,000 people in HB alone. Now due to a
handful the council wants to take away our only source of Medical Marijuana. Once
again the council has overstepped Legislating Morality and Medical Uses. Councilman
says it should be Prescribed by Doctors and Sold through Pharmacies "it is prescribed by
doctors" due to bad Federal Law Pharmacies cant sell. So yes Limit and Control make
guidelines dont make the citizens have to deal with Mexican Cartels, Tax and Regulate.
Only listen to Facts, not a gateway drug, no deaths, no withdrawals and no crime related
to its use, No Victims No Harm ever proven,just unfounded prejudices . Spend the time
and resources on Heroin Meth etc. My daughter picked up a Heroin Habit at 16 while
attending Huntington Beach High School do something about that and stop wasting time
on a non issue. SB215 was passed by the voters majority 1/2 of HB. now take that into
account when you get a handful of complaints. 100,000 vs a few. The Feds have backed
off allowing States their rights so should you. Heroin is a killer Pot is not.
Expected Close Date: March 19, 2015
Click here to access the request
Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not
monitored and will be ignored.
1
Item 11. - 12 HB -630-
Print Request Page 1 of 2
Request: 21720 Entered on: 03/26/2015 2:35 PM
Customer Information
Name:Leroy Good Phone:
Address: Alt. Phone:
Huntington Beach, CA Email:
92647
Request Classification
Topic:City Council - Agenda & Public Request type:Question
Hearing Comments
Status:Closed Priority:Normal
Assigned to:Agenda Alerts Entered Via:Web
Description
We the voters in California Voted for Medical Marijuana, and now polls show a majority of voters are for
Legal Marijuana. Yes I know that there is a group that will always try to Enforce Their Virtues and
Opinions on Us. Yes you may vote to Ban Dispensaries like you did on Fireworks ( overturned ) this is a
question of Safe Access and Ease of Access for Adults with a doctors consent . If you have any
compassion for ill people who gain relief, Vote Against an outright ban Regulate Them. By all means
before you vote Visit the dispensary see for yourself, HAS ANY COUNCIL MEMBER BEEN INTO A
DISPENSARY?? MIGHT BE A GOOD IDEA BEFORE YOU BAN THEM. If you have any compassion
Vote for Regulation or ABSTAIN from voting at all. ABSTAIN !!! I am a 61 year old resident of Huntington
Beach.
Reason Closed
Thank you for taking the time to send your thoughts to the City Council. A copy of your comments has
been entered into the Pipeline system and will also be forwarded to the City Clerk to be included in the
record on this item. Thank you very much for writing.
Sincerely,
Johanna Dombo
Executive Assistant
Date Expect Closed: 04/05/2015
Date Closed: 03/26/2015 3:04 PM By: Johanna Dombo
Enter Field Notes Below
Notes:
HB -63 1- Item 11. - 13
http://user.govoutreach.com/surfcity/printrequest.php'icund=2116404&type=0 3/J 1/2015
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH
NOTICE IS HEREBY GIVEN that on Monday, May 4, 2015, at 6:00 p.m. in the City
Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a
public Baring on the following planning and zoning item:
1. ZONING TEXT AMENDMENT NO. 15-004 (CHAPTER 204 USE
CLASSIFICATIONS — MEDICAL MARIJUANA DISPENSARIES) Request: To
amend Chapter 204 Use Classifications of the Huntington Beach Zoning and
Subdivision Ordinance (HBZSO) to add a Prohibited Uses section and to
expressly prohibit medical marijuana dispensaries within the City. Location:
Citywide City Contact: Tess Nguyen
❑ 2. ZONING TEXT AMENDMENT NO. 15-003 (BEACH AND EDINGER
CORRIDORS SPECIFIC PLAN AMENDMENT) Applicant: City of Huntington
Beach Request: To amend the Beach and Edinger Corridors Specific Plan
(BECSP) to reduce the residential Maximum Amount of Net New Development
(MAND) from 4,500 units to 2,100 units; require a Conditional Use Permit (CUP)
for all residential and mixed use (residential/commercial) projects; increase the
residential parking requirements to reflect coastal zone parking requirements;
increase front yard setbacks on all public streets; limit maximum building height
to four stories; create an upper-story setback above the third floor; require all
residential projects to include retail/commercial uses at the street level; modify
development standards for auto dealers; allow deviation to Edinger frontage road
requirements for commercial projects; and allow assembly uses on the ground
floor in certain districts with a CUP. On April 14, 2015, the Planning Commission
held a public hearing on the request and recommended approval to the City
Council with the following modifications: reduce front yard setbacks for single-
story commercial projects, require an alternative parking requirement for studio
and one-bedroom units and require a parking management plan for all residential
projects. The Planning Commission did not reach a consensus on the request to
reduce the MAND. Location: Beach and Edinger Corridors Specific Plan (SP
14) City Contact: Jennifer Villasenor
NOTICE IS HEREBY GIVEN that Item #1 is categorically exempt from the provisions of
the California Environmental Quality Act.
NOTICE IS HEREBY GIVEN that Item # 1 will require Local Coastal Program
Amendment to be certified by the California Coastal Commission.
NOTICE IS HEREBY GIVEN that the amendments considered in Item #2 are within the
scope of the Beach and Edinger Corridors Specific Plan (BECSP) Program
Environmental Impact Report (EIR No. 08-008) certified by the Planning Commission on
December 8, 2009. In accordance with CEQA Guidelines Sections 15162 and 15163,
no subsequent EIR or supplement to the EIR need be prepared for this zoning text
amendment and no further environmental review or documentation is required. EIR No.
08-008 is on file at the City of Huntington Beach Planning and Building Department,
2000 Main Street, on the City's website at www.huntingtonbeachca.gov, and is available
for public inspection by contacting the Planning and Building Department, or by
telephoning (714) 536-5271
ON FILE: A copy of the proposed request is on file in the Planning and Building
Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by
the public. A copy of the staff report will be available to interested parties at the City
Clerk's Office or on line at http://www.huntingtonbeachca.gov on Thursday, April 30,
2015.
ALL INTERESTED PERSONS are invited to attend said hearing and express opinions
or submit evidence for or against the application as outlined above. If you challenge the
City Council's action in court, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice, or in written
correspondence delivered to the City at, or prior to, the public hearing. If there are any
further questions please call the Planning and Building Department at (714) 536-5271
and refer to the above items. Direct your written communications to the City Clerk.
Joan L. Flynn, City Clerk
City of Huntington Beach
2000 Main Street, 2"d Floor
Huntington Beach, California 92648
714-536-5227
http://huntingtonbeachca.gov/HBPublicComments/
Estanislau, Robin
From: David Ward [DWard@ocregister.com]
Sent: Thursday, April 16, 2015 4:13 PM
To: Estanislau, Robin
Cc: Esparza, Patty
Subject: RE: Legal Notice for Publication in the HB Wave on April 23, 2015
Hello again Robin.
Your proof is below.
Have a good evening.
Ad#10039393
Run Date 4/23
Cost$170.77
PROOF
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH
�NOTICE IS HEREBY GIVEN that on Monda{V, MaV 4, 2015= at 6:CDO p.m. in the City Council
iChambers., 2C,00 Main Street„ Huntington Beach„ the City Council will hold a public hearinq
Ion the follo�.vinq r_.lanninq and zoning item-
JE] 120I►iING TEXT AMENDMENT NO. 15-0 4 (CHAPTER 204 USE CLASSIFI.
!CATI'ONS . MEDICAL MARIJUANA DISPENSARIES) Request: To amend Chapter
204 !_Jse Classifications; of the Huntinqton Beach Zoning and 'Subdivision Ordinance
INBZSO;l to add a Prohibited ►1s.es section and to expressly prohibit medical mariivana
dispensaries within the City. Location: 'Citywide City Contact: Tess Nguyen
El 2. ZONING TEST AMENDMENT NO. 15-003 (BEACH AND EDIN ER CORR1-
-111)ORS SPECIFIC PLAIN AMENDMENT) Applicant: City of Huntington Beach RG-
west: To amend the Beach and Edinger Corridors Specific Plan (BE SPi to r=duce the
;residential Maximum Amount of Net New DeVelopment (MAND) from 4.500-1 units to 2,100
units: rewire a. Conditional t-Jse Permit E; 'Li Pm for all residential and mixed use
residential, .�mmar ial`,i proie ts, increase the residential parking requirements to reflect
!�-oastal zone parking requirements; increase front vard setbacks on all: public streets; limit
-,:maximum building height to four stories, create an upper-st-ory setback above the third
floor: require all residential projects to include retail.i°commercial uses at the street levvel:
modify devel opment standards for auto dealers, allovv deviation to Edinger frontage road
r equirements for on-imer iyal projects. and alIG ,; assembly uses on the around floorin cer-
tain districts; with a Cl,_JP. On April 14, 2015: the Planning Commission held a public hearing
�n the request and recommended approval to the City Council with the following rnodifica-
'Itions: reduce front yard setbacks for single-story commercial projects, require an alterna-
tive parking requirement for studio and one-bedroom units, and require a parking manage-
nipnt plan for ,all residential projects. The Planning Commission did not reach a consensus
on the request to reduce the MAND. Location: Beach and Edinger Corridors Specific
P[ran (SP 14) City Contact: JenniferVillasenor
NOTICE IS HEREBY Cl`VEN that Item . 1 is categorically exempt from the provisions of the
�C.alifornia Environmental Quality .Act.
1
]NOTICE IS HEREBY GIVEN that Item 1#- 1 will require Local Coastal Program Amendment to
ibe certified by the California Coastal Commission.
NOTICE IS HEREBY GIVEN that the amendmants considered in Item *2 are within the
scopez of the Beach and Edinger Corridors Specific Plan (BECSP*t Program Environmental
Impact Report "'EIR No. 08-006,1 certified by the Plannir�q Corrii�riission on December 8,
2009. In accordance with CEbA Guidelines Sections 15162 and 15163, no subseauent EIR
-or supplament to the EIR nea-d be prepared for this zoning text amendment and no further
]envir-rimental or documentation is required. EIR No. 08-008 is on file at the City of
Huntington Beach Planning and Building Department, 201001 Main Strea_t, on the City's web-
-isite at ,,�ni,;w.huntin,.Itonbi�achca.qov, and is available for public inspection by contacting
e Planning an-d Building Department, or by telephoning (714"', 536-5271
0 N FILE- A copy of the proposed request is on file in the Planning and Building Depart-
ient, 2000 Main Street. Huntington Beach, California 92r)48, for inspection by the public,
A. copv of th a staff nz_port wil I be avail able to interested partie s at the City Clark's Offi ce or
Ion line at on Thursday, April 30, 2015.
,.ALL INTERESTED PERSONS are in,'rited to attend said hearing and express opinions or
.1submit evidence for or awinst the application as outlined above. If you challGncle the City
ouncil's action in court, you may be limited to riisinq only those issues you or someone
,;!else raised at th-9 public h;arinq described in this notice. or in written correspondence de-
llivere-d to the City at, or prior to, the public hearing. If there are any further questions
536-621 1 and refer to the above
,please call the Planning ancd Building Department at (714.)
litems. Dir_-_;z.tv0urwritten communiCaticens to the City Clerk.
Joan L, Flynn, City Clerk
20-30 Main Street, 2nd Floor
714-536-5227
OC REGISTER
P. 714.72111L8764
F. 714.3417.2724
From: Estanisla4Robin
Sent: Thursday, April 16, 2015 1:46PIVI
To: David Ward
Cc: Espaoa, Patty
Subject: Legal Notice for Publication in the HB Wave on April 23, 2015
Hi David,
| em covering for Patty Esparza who is out on vacation this week. I've attached at legal notice for two (2) public hearings
scheduled before the Huntington Beach City Council on May 4' JO15. This'nutice needs tobe advertised in the HBWave
on April 23, 2015to meet legal requirements.
Can you provide a confirmation ufreceipt? One of these hearings has aJ3'O0O-piece mailing that is being processed as
we speak. ��
2
�a CITY OF HUNTINGT N BEACH
Interdepartmental Memo
TO: Honorable Mayor and City Council
FROM: Joan L. Flynn, City Clerk
DATE: May 1, 2015
SUBJECT: TWO CORRECTED ORDINANCE NUMBERS FOR THE CITY COUNCIL
MAY 4, 2015 AGENDA PACKET — ITEM #11 AND ITEM #12
The attached documents reflect the corrected Ordinance numbers for each document:
PUBLIC HEARING
#11. Ordinance #4058, "An Ordinance of the City of Huntington Beach Adding Section
204.18 to Chapter 204 of the Zoning and Subdivision Ordinance Titled Use Classifications
(Zoning Text Amendment No. 15-004)."
ORDINANCES FOR ADOPTION
#12. Ordinance #4059, "Urgency Measure Adopting an Interim Ordinance of the City of
Huntington Beach Adding Section 204.18 to Chapter 204 of the Zoning and Subdivision
Ordinance Titled Use Classifications."
Interdepartment_Memo_Form 1.docX -1- 4/30/2015 2:58:00 PM
Public Hearing Item #11
ORDINANCE NO. 4058
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
ADDING SECTION 204.18 TO CHAPTER 204 OF THE
ZONING AND SUBDIVISION ORDINANCE TITLED
USE CLASSIFICATIONS
(ZONING TEXT AMENDMENT NO. 15-004)
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. 15-004, which amends Chapter
204 of the Huntington Beach Zoning and Subdivision Ordinance relating to use classifications;
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. Section 204.18 of the Zoning and Subdivision Ordinance is hereby added
to read as follows:
204.18 Prohibited Uses.
A. Purpose. In order to expressly inform the public that any distribution of
marijuana by Medical Marijuana Businesses, Collectives, Cooperatives or
Dispensaries, etc. are prohibited in the City of Huntington Beach,the City is
adding this express prohibition to the Zoning and Subdivision Ordinance.
B. Definitions. For purposes of this section, the following term is defined:
1. Medical Marijuana Business, Collective, Cooperative or Dispensary
means any location, structure, facility, vehicle, business, store, co-op,
residence, or similar facility used, in full or in part, as a place at or in
which marijuana is sold, traded, exchanged, bartered for in any way, made
available, located, stored, displayed, placed or cultivated, including any of
the foregoing if used in connection with the distribution of marijuana.
1 5-4665/1 1 8986.doc 1
Ordinance No . 4058
C. Medical Marijuana Businesses, Collectives, Cooperatives or Dispensaries. A
Medical Marijuana Business, Collective, Cooperative or Dispensary or any other
such business, no matter how so named, is not a permitted use in any zoning
district or specific plan in the City. It shall be unlawful for any person or entity to
own, manage, establish, conduct or operate a Medical Marijuana Business,
Collective, Cooperative or Dispensary. Also, it shall be unlawful for any person
to permit to be established, conducted, operated, owned or managed as a landlord,
owner, employee, contractor, agent or volunteer, or in any other manner or
capacity, any medical marijuana business, collective, cooperative or dispensary in
the City.
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 day of , 2015.
Mayor
ATTEST: APPROVEDAS TO F
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATYQAND APPROVED:
City Manager 111reefor, o Planning and Building
15-4665/118986.doc 2
PIN® & AssociATEs, INC.
ATTORNEYS AT LAW
1666 N.MAIN STREET,SUITE 350
SANTA ANA,CA 92701
TELEPHONE: (714)881-5985 FACSIMILE: (714)558-4854
May 18, 2015
SUPPLEMENTAL
VIA E-MAIL ONLY COMMUNICATION
Huntington Beach City Council
2000 Main Street Meeting Date:
Huntington Beach, CA 92648
RE: _Proposed Ordinance 4058 Agenda( �tea®
Discriminatory Statute
Dear Council Members:
We represent Daniel Garfield Richmond and HBCG Cooperative, Inc. in City of
Huntington Beach, et al. v. Garfield, et al., Orange County Superior Court case number 30-
2014-00745511—CU—MC—CJC. We are participating in the public comment portion of today's
City Council meeting to raise an important point regarding proposed Ordinance 4058 and
preserve the issues raised for litigation pursuant to Government Code section 65009, subdivision
(b)
Specifically, we are drawing the attention of the City Council to the fact that proposed
Ordinance 4058 is discriminatory and null and void under Government Code section 65008,
subdivision(a):
(a) Any action pursuant to this title by any city,' county, city and county,
or other local governmental agency in this state is null and void if it denies to any
individual or group of individuals the enjoyment of residence, landownership,
tenancy, or any other land use in this state because of any of the following
reasons:
(1) (A) The lawful occupation, age, or any characteristic of the individual
or group of individuals listed in subdivision (a) or (d) of Section 12955, as those
bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1)
of subdivision (p) of Section 12955 and Section 12955.2. . . .
The defined characteristics from Government Code section 12955, subdivision(a)are:
. . . race, color, religion, sex, gender, gender identity, gender expression,
sexual orientation, marital status, national origin, ancestry, familial status, source
of income, disability, or.genetic information of that person. (Emphasis added.)
i"This section shall apply to chartered cities."(Gov.Code§65008(g).)
Similarly, the defined characteristics from Government Code section 12955, subdivision (d) are:
. . . sex, gender, gender identity, gender expression, sexual orientation,
color, race, religion, ancestry, national origin, familial status, marital status,
disability, genetic information, source of income, or on any other basis prohibited
by that section. (Emphasis added.)
Government Code section 12955, subdivision (m), which is cited as a source of definition for
section 12955, subdivision (a), states:
As used in this section, "race, color, religion, sex, gender, gender identity,
gender expression, sexual orientation, marital status, national origin, ancestry,
familial status, source of income, disability, or genetic information," includes a
perception that the person has any of those characteristics or that the person is
associated with a person who has, or is perceived to have, any of those
characteristics. (Emphasis added.)
Government Code section 12926, which is cited as a source of definition for section
12955, defines"physical disability":
"Physical disability" includes,but is not limited to, all of the following:
(1) Having any physiological disease, disorder, condition, cosmetic
disfigurement, or anatomical loss that does both of the following:
(A) Affects one or more of the following body systems:
neurological, immunological, musculoskeletal, special sense organs, respiratory,
including speech organs, cardiovascular, reproductive, digestive, genitourinary,
hemic and lymphatic, skin, and endocrine.
(B) Limits a major life activity. . . .
(2) Any other health impairment not described in paragraph (1) that
requires special education or related services.
Government Code section 12926.1, which is also cited as a source of definition for section
12955, contains a more verbose definition of"disability." Subdivision (c) states:
Physical and mental disabilities include, but are not limited to, chronic or
episodic conditions such as IIIV/AIDS, hepatitis, epilepsy, seizure disorder,
diabetes, clinical depression, bipolar disorder, multiple sclerosis, and heart
disease. In addition, the Legislature has determined that the definitions of
"physical disability" and "mental disability" under the law of this state require a
"limitation" upon a major life activity, but do not require, as does the federal
Americans with Disabilities Act of 1990, a "substantial limitation." This
PEIRANO&AssoaATEs.1NC. 1666 N.MAIN STREET.SUITE 350 SANTA ANA.CA 92701 (714)881-5985
distinction is intended to result in broader coverage under the law of this state
than under that federal act. . . . (Emphasis added.)
Medical marijuana was decriminalized in California so that people with disabilities could
obtain relief from (the symptoms of) their conditions. The Compassionate Use Act of 1996, a
state-wide referendum declared:
The people of the State of California hereby find and declare that the
purposes of the Compassionate Use Act of 1996 ("CUA") are as follows:
(A) To ensure that seriously ill Californians have the right to obtain and
use marijuana for medical purposes where that medical use is deemed appropriate
and has been recommended by a physician who has determined that the person's
health would benefit from the use of marijuana in the treatment of cancer,
anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any
other illness for which marijuana provides relief.
(B) To ensure that patients and their primary caregivers who obtain and
use marijuana for medical purposes upon the recommendation of a physician are
not subject to criminal prosecution or sanction.
(Health& Safety Code § 11362.5(b)(1).) (Emphasis added.)
We highlight "AIDS" because it specifically appears in the Government Code section 12926.1
definition of"physical disability" and thus creates a nexus between the two statutes.
Under the Medical Marijuana Program ("MMP"), "The department shall establish and
maintain a voluntary program for the issuance of identification cards to qualified patients who
satisfy the requirements of this article and voluntarily apply to the identification card program."
(Health & Safety Code § 11362.71(a)(1).) "A person who seeks an identification card
shall . . . provide all of the following to the county health department . . .:
(2) Written documentation by the attending physician in the person's
medical records stating that the person has been diagnosed with a serious medical
condition and that the medical use of marijuana is appropriate. (Emphasis added.)
By definition, along with specifically-named conditions such as the ones annunciated by
the CUA, a "serious medical condition" includes, "Any other chronic or persistent medical
symptom that . . . [s]ubstantially limits the ability of the person to conduct one or more major life
activities as defined in the Americans with Disabilities Act of 1990 (Public Law 101-336)."
(Health& Safety Code § 11362.7(h)(12)(A).) Since "disability" includes all disabilities under the
American with Disabilities Act of 1990 ("ADA") and all medical marijuana identification card
PEIRANO&ASSOCIATES,INC. 1666 N.MAIN STREET,SUITE 350 SANTA ANA,CA 92701 f714)881-5985
holders must have a "serious medical condition" which encompasses everything from the ADA,
it seems clear that everyone prescribed medical marijuana in California has a "disability" within
the meaning of Government Code section 65008.
Proposed Ordinance 4058 plainly discriminates against these individuals and the people
associated with them. The proposed ordinance states, "A Medical Marijuana Business,
Collective, Cooperative or Dispensary or any other such business, no matter how so named, is
not a permitted use in any zoning district or specific plan in the City. . . ." (Ord. 4058, § IC.) It
even goes on to criminalize landlords and primary caregivers, stating, ". . . Also, it shall be
unlawful for any person to permit to be established, conducted, [or] operated . . . as a
landlord . . . or in any other manner or capacity, any medical marijuana business, collective,
cooperative or dispensary in the City." (Ibid.)
The crux of the problem is the definition of "Medical Marijuana Business, Collective,
Cooperative or Dispensary":
Medical Marijuana Business, Collective, Cooperative or Dispensary
means any location, structure, facility, vehicle, business, store, co-op, residence,
or similar facility used, in full or in part, as a place at or in which marijuana is
sold, traded, exchanged, bartered for in any way, made available, located, stored,
displayed, placed or cultivated, including any of the foregoing if used in
connection with the distribution of marijuana.
(Ord. 4058, § 1 B 1.)
Aside from being an example of poor legislative drafting, this definition is the epitome of
unintended consequences. To understand the impact of this ordinance on medical marijuana
patients, the lists need to be reduced to the relevant items:
Medical Marijuana Business, Collective, Cooperative or Dispensary
means any . . . residence . . . used . . . as a place at or in which marijuana
is . . . located, stored, . . . placed or cultivated. . . . if used in connection with the
distribution of marijuana.
Notice there is no requirement to be "used in connection with the commercial distribution of
marijuana"as one might suspect from the inclusion of the word"business" in the phrase defined.
Instead, proposed Ordinance 4058 outlaws the use of medical marijuana patients' own
homes to receive and store their medicine. Unless marijuana spontaneously sprouts on the
patients' lands, the act of bringing the medicine onto the property from somewhere else would be
using it "in connection with the distribution of marijuana." A bed-ridden patient could never
have his or her medicine brought to him or her because doing so would be using the "residence"
"in connection with the distribution of marijuana." A primary caregiver could never cultivate
medical marijuana for"distribution"to a qualified patient.
More onerously, proposed Ordinance 4058 invites housing discrimination from landlords
fearful of violating the ordinance by permitting a qualified patient to move in. The landlord
would be caught between violating the equal housing laws and violating the proposed ordinance.
PEIRANO&ASSOCIATES,INC. 1666 N.MAIN STREET.Su171_350 SANTAANA.CA 92701 C/14)881-5985
Proposed Ordinance 4058 is poorly drafted and patently illegal under Government Code
section 65008. It is our opinion that passing it will invite litigation over its validity and the real
risk that it will be overturned outright as discriminatory. The proposed ordinance openly attempts
to drive medical marijuana from the City of Huntington Beach, not be criminalizing it, but by
denying qualified patients the privileges of land use and residence to receive the distribution of
the medicine upon which they rely to treat their disabilities.
According to the Request for City Council Action, "The Planning Commission also
recommended that language be added to the Ordinance to clarify that delivery of medical
marijuana into the City from an establishment outside the City is not prohibited." (RCA, p. 2,
§ C.) Clearly, the Planning Commission can see the overreaching language of the proposed
ordinance.
The City Council must do what it right, as opposed to what is expedient, and decline to
pass a fatally flawed ordinance.
Very truly yours,
PEIRANO& ASSOCIATES,INC.
Sean Raymond Bozarth, Esq.
PEIRANO&ASSOCIATES,INC. 1666 N.MAIN STREET,SURE 350 SANTA ANA,CA 92701 (714)881-5985
AFFIDAVIT OF PUBLICATION Proof of Publication
STATE OF CALIFORNIA, )
) ss.
County of Orange ) NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH
I am a Citizen Of the United States and a resident i NOTICE IS HEREBY GIVEN that on Monday,May 4,2015,at 6:00 p.m.in the City Council
Chambers,2000 Main Street,Huntington Beach,the City Council will hold a public hearing_,
of the County aforesaid; I am over the age of on,the following planning and zoning item:___, i
ZONING TEXT AMENDMENT NO. 15.004(CHAPTER 204 USE CLASSIFI= "
eighteen ears and not a t0 Or interested m CATIONS-MEDICAL MARIJUANA DISPENSARIES)Request:To amend Chapter`
g y part 204 Use Classifications of the Huntington Beach Zoning and'Subdivision Ordinance'
(HBZSO)to add a Prohibited Uses section and to expressly prohibit medical marijuana"";�°
the above entitled matter.I am the principal clerk dispensaries within the City.Location:Citywide City Contact:Tess Nguyen ;
❑2. ZONING TEXT AMENDMENT NO.15.003(BEACH AND EDINGER CORRI "i
Of the Huntington Beach Wave, a newspaper DORS SPECIFIC PLAN AMENDMENT) Applicants City of Huntington Beach Re.: "
gquest: To amend the Beach and Edinger Corridors Specific Plan(BECSP)to reduce the,\ '
residential Maximum Amount of Net New Development(MAND)from 4,500 units to 2,100
units; require a Conditional Use Permit (CUP for all residential and mixed use
that has been adjudged to be a newspaper of )
(residential/commercial)projects;,increase the residential parking requirements to reflect"\
coastal zone Parking requirements;increase front yard setbacks on all public streets;limit ..
- general circulation by the Superior Court Of the maximum building height to four stories; create an upper-story setback above the third
floor;require all residential projects to include retail/commercial uses at the street level;."
modify development standards for auto dealers;allow deviation to Edinger frontage road..
County Of Orange, State Of California, on July 1, requirements for commercial projects;and allow assembly uses on the ground floor in cer
tain districts with a CUP.On April 14,2015,the Planning Commission held a public hearing. -,
on the request and recommended approval to the City Council with the following modifica- -•„
1998, Case NO. A-185906 in and for the City Of tions:reduce front yard setbacks for single-story commercial projects,require an alterna- ,.
live parking re uiremenifor studio and one-bedroom units and require a parking manage-
ment plan for all residential projects. The Planning Commission did not reach a consensus
Huntington Beach, County Of Orange, State Of on the request to reduce the MAND. Loeatlon: Beach and Edinger Corridors Specific. .. l
Plan(SP 14)City Contact:Jennifer Villasenor
California; that the notice, Of Which the annexed NOTICE IS HEREBY GIVEN that Item#1 is categorically exempt from the provisions of the "
California Environmental Quality Act. +
is a true printed Copy,has been published in each NOTICE IS HEREBY GIVEN that Item#1 will require Local Coastal Program Amendment4d
be certified by the California Coastal Commission. + +'
regular and entire issue Of said newspaper and NOTICE IS HEREBY GIVEN that the amendments considered in Item#2 are within Odiiiia
scope of the Beach and Edinger Corridors Specific Plan(BECSP)Program Environmeriti0i"—.
Impact Report(EIR No. 08-008)certified by the Planning Commission on December`8
not in any Supplement thereof On the following 2009. In accordance with CEQA Guidelines Sections 15162 and 15163,no subsequent EI
or supplement to the EIR need be prepared for this zoning text amendment and no furt
environmental review or documentation is required. EIR No.08-008 is on file at the Cite
dates,to Wit: Huntington Beach Planning and Building Department,2000 Main Street,on the City's we$
site at www.huntingtonbeachca.gov,and is available for public inspection.by contactin
the Planning and Building Department,or by telephoning(714)536-5271;':
ON FILE: A copy of the proposed request is on file in the Planning a6d:B6ilding Depart=
ment,2000 Main Street,Huntington Beach,California 92648,for inspection by the publl
April 23,2015 A copy of the staff repport will be available to interested parties at the City Clerk's Office or
on line at http://www.h'untingtonbeachca.gov on Thursday,April 30,2015:
ALL INTERESTED PERSONS are invited to attend said hearing and express opinions -
submit evidence for or against the application as outlined above. If you challenge the\C
Council's action in court,you may be limited to raising only those issues you or someo
else raised at the public hearing described in this notice,or in written correspondence -
further question,%
please call the Planning and Building Department at(714)536-5271,and`refer to the above,.,,y,x,
items. Direct your written communications to the City,Clerk. m
perJury Under the laws Of the State Of California Joan L.Flynn,City Clerk ,
City of Huntington Beach
that the foregoing is true and correct": 2000 Main Street,2nd Floor
Huntington Beach,California 92648 .
714-536-5227 ,,,;, �:,,,
Executed at Santa Ana, Orange County, http://huntingtonbeachca.ggov/HBPubliccomments/
California,On Published;The Huntington Beach Wave April 23 201510039393 —
April 23,2015
Signature
Huntington Beach Wave
625 N.Grand Ave.
Santa Ana,CA 92701
(714)796-2209