HomeMy WebLinkAboutApprove Zoning Text Amendment (ZTA) No. 17-006 by approving Dept. ID CD 18-004 Page 1 of 4
Meeting Date:8/19/2018
I*W& eAI"(D-0-
�13ROVDGI- 4&(eNT
y/z/18 - �'k� v�� �i2itDvl�Tl 0A/ 7-p
_ CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 3/19/2018
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Jane James, Interim Director of Community Development
SUBJECT: Approve Zoning Text Amendment (ZTA) No. 17-006 by approving for
introduction Ordinance Nos. 4131, 4132, 4133, 4144, 4145, and 4146 to remove
references to the California Government Code in certain sections of the
_Huntington Beach Zoning and Subdivision Ordinance (HBZSO)
Statement of Issue:
Transmitted for your consideration is Zoning Text Amendment (ZTA) No. 17-006, a City-initiated
request to remove references to the California Government Code in the Huntington Beach Zoning
and Subdivision Ordinance for the following sections:
1. Section 201.06 Purpose
2. Section 203.06 Definitions
3. Section 215.02 Specific Plan District Established
4. Section 215.14 Status of Specific Plan
5. Section 222.01 Statutory Authorization
6. Section 230.14 HA Affordable Housing Density Bonus.
Financial Impact:
Not applicable.
Recommended Action:
A) Approve Zoning Text Amendment No. 17-006 with findings (Attachment No. 1); and,
B) Approve for introduction Ordinance No. 4131, "An Ordinance of the City of Huntington Beach
Amending Chapter 201 of the Huntington Beach Zoning and Subdivision Ordinance Relating to the
Purpose of the Zoning and Subdivision Ordinance" (Attachment No. 2); and,
C) Approve for introduction Ordinance No. 4132, "An Ordinance of the City of Huntington Beach
Amending Chapter 203 of the Huntington Beach Zoning and Subdivision Ordinance Relating to
Code Relating to Definitions" (Attachment No. 3); and,
D) Approve for introduction Ordinance No. 4133, "An Ordinance of the City of Huntington Beach
Amending Chapter 215 of the Huntington Beach Zoning and Subdivision Ordinance Relating to the
Specific Plan District Established" (Attachment No. 4); and,
HB -767- Item 18. - I
Dept. ID CD 18-004 Page 2 of 4
Meeting Date 3/19/2018
E) Approve for introduction Ordinance No. 4144, "An Ordinance of the City of Huntington Beach
Amending Chapter 215 of the Huntington Beach Zoning and Subdivision Ordinance Relating to
Status of Specific Plan" (Attachment No. 5); and,
F) Approve for introduction Ordinance No. 4145, "An Ordinance of the City of Huntington Beach
Amending Chapter 222 of the Huntington Beach Zoning and Subdivision Ordinance Relating to
Statutory Authorization" (Attachment No. 6); and,
G) Approve for introduction Ordinance No. 4146, "An Ordinance of the City of Huntington Beach
Amending Chapter 230.14 of the Huntington Beach Zoning and Subdivision Ordinance Relating to
Affordable Housing Density Bonus" (Attachment No. 7).
Alternative Action(s):
The City Council may make the following alternative motion(s):
1. Deny Zoning Text Amendment No. 17-006 with findings for denial.
2. Continue Zoning Text Amendment No. 17-006 and direct staff accordingly.
Analysis:
A. PROJECT PROPOSAL:
Applicant: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648
Location: Citywide
Zoning Text Amendment No. 17-006 represents a request pursuant to Huntington Beach Zoning
and Subdivision Ordinance (HBZSO) Chapter 247 Amendments to amend certain chapters and
sections of the HBZSO as follows:
1. Chapter 201 Title, Components, and Purpose by amending Section 201.06 Purpose
2, Chapter 203 Definitions by amending Section 203.06 Definitions
3, Chapter 215 SP Specific Plan District by amending Section 215.02 Specific Plan District
Established
4. Chapter 215 SP Specific Plan District by amending Section 215.14 Status of Specific Plan
5. Chapter 222 FP Floodplain Overlay District by amending Section 222.01 Statutory
Authorization
& Chapter 230 Site Standards by amending Section 230.14 HA Affordable Housing Density
Bonus
B. BACKGROUND:
On September 18, 2017, the City Council directed the City Attorney's Office to conduct a review of
the HBZSO to eliminate any confusion regarding the City's local authority over land use laws that
are not otherwise preempted by State Law. Council Members, Semeta and Peterson, introduced
this item because they believe there currently are clauses in the Zoning and Subdivision Map
Ordinance that may create confusion in relation to local authority over land use laws that are not
otherwise preempted by State law. The City Council directed the City Attorney to conduct a
thorough review of the City's ZSO and return to the Planning Commission, then City Council, with
any recommendations for amendments to the code.
The City Attorney's Office prepared the legislative draft of the proposed changes and recommends
Item 18. - 2 HB -768-
Dept. ID CD 18-004 Page 3 of 4
Meeting Date: 3/19/2018
removing references to the California Government Code and replacing with language to the effect
of, "this section was enacted pursuant to the California Constitution and Huntington Beach Charter,"
C. PLANNING COMMISSION MEETING:
The Planning Commission held a public hearing on Zoning Text Amendment No. 17-006 on
February 13, 2018. During the public hearing, staff gave an overview of the proposed
amendment. The Planning Commission voted to recommend that the City Council approve
Zoning Text Amendment No. 17-006 based on the findings provided in Attachment No. 1.
Planning Commission Action dated February 13, 2018
A MOTION WAS MADE BY CROWE, SECONDED BY GRANT TO APPROVE ZONING TEXT
AMENDMENT NO. 17-006 AND FORWARD TO CITY COUNCIL BY THE FOLLOWING VOTE:
AYES CROWE, GARCIA, GRANT, KALMICK, MANDIC, SCANDURA
ABSTAIN: NONE
ABSENT: RAY
MOTION PASSED
D. STAFF ANALYSIS AND RECOMMENDATION:
On September 18, 2017, the City Council directed the City Attorney's Office to conduct a thorough
review of the HBZSO to eliminate any confusion regarding the City's local authority over land use
laws that are not otherwise preempted by State Law. The draft ordinances including legislative
drafts (Attachment Nos. 2-7) provide the new language to be added to the HBZSO.
According to the narrative provided by the City Attorney's Office (Attachment No. 8) adopting the
proposed zoning text amendment supports the City Council's direction to amend the zoning code
by removing references to the California Government Code and replacing with language to the
effect of "this section was enacted pursuant to the California Constitution and Huntington Beach
Charter." This will clarify the City of Huntington Beach's constitutional zoning and land use authority
and allows for the City to regulate zoning and land use without the need to reference State law.
The Planning Commission and staff recommend approval of Zoning Text Amendment No. 17-006.
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:
Strengthen Economic and Financial Sustainability
Attachment(s):
1. Findings for Approval —Zoning Text Amendment No. 17-006
2. Ordinance No. 4131, "An Ordinance of the City of Huntington Beach Amending Chapter 201
of the Huntington Beach Zoning and Subdivision Ordinance Relating to the Purpose of the
Zoning and Subdivision Ordinance"
3. Ordinance No. 4132, "An Ordinance of the City of Huntington Beach Amending Chapter 203
of the Huntington Beach Zoning and Subdivision Ordinance Relating to the Code Relating to
Definitions"
SIB -769- Item 18. - 3
Dept. ID CD 18-004 Page 4 of 4
Meeting Date: 3/19/2018
4. Ordinance No. 4133, "An Ordinance of the City of Huntington Beach Amending Chapter 215
of the Huntington Beach Zoning and Subdivision Ordinance Relating to the Specific Plan
District Established"
5. Ordinance No. 4144, "An Ordinance of the City of Huntington Beach Amending Chapter 215
of the Huntington Beach Zoning and Subdivision Ordinance Relating to Status of Specific
Plan"
6. Ordinance No. 4145, "An Ordinance of the City of Huntington Beach Amending Chapter 222
of the Huntington Beach Zoning and Subdivision Ordinance Relating to Statutory
Authorization"
7. Ordinance No. 4146, "An Ordinance of the City of Huntington Beach Amending Chapter
230.14 of the Huntington Beach Zoning and Subdivision Ordinance Relating to Affordable
Housing Density Bonus"
8. Narrative from City Attorney's Office received December 6, 2017
9, Planning Commission Staff Report dated February 13, 2018
Item 18. - 4 HB -770-
ATTACHMENT # 1
SUGGESTED FINDINGS FOR APPROVAL
ZONING TEXT AMENDMENT NO. 17-006
SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA:
The City Council finds that the project will not have any significant effect on the environment
and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant
to City Council Resolution No. 4501, Class 20, which supplements CEQA because the request
is a minor amendment to a zoning ordinance that does not change the development standards
intensity or density.
SUGGESTED FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 17-006:
1. Zoning Text Amendment No. 17-006 amends Chapter 201 Title, Components, and Purpose
by Amending Section 201.06 Purpose; Chapter 203 Definitions by amending Section
203.06 Definitions; Chapter 215 SP Specific Plan District by amending Section 215.02
Specific Plan District Established; Chapter 215 SP Specific Plan District by amending
Section 215.14 Status of Specific Plan; Chapter 222 FP Floodplain Overlay District by
amending Section 222.01 Statutory Authorization; Chapter 230 Site Standards by
amending Section 230-14 H. 4. Affordable Housing Density Bonus of the Huntington Beach
Zoning and Subdivision Ordinance to eliminate references to State Law. ZTA No. 17-006
does not conflict with the goals and policies specified in the General Plan.
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 or the development
standards thereof.
3. A community need is demonstrated for the proposed amendment to ensure that the
HBZSO allows for the City to regulate zoning and land use without the need to reference
State law.
4. Its adoption will be in conformity with public convenience, general welfare and good zoning
practice. Approval of Zoning Text Amendment No. 17-006 allows for the City to regulate
zoning and land use without the need to reference State law.
HB -771- Item 18. - 5
ATTACHMENT #2
ORDINANCE NO. 4131
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 201 OF THE HUNTINGTON BEACH ZONING
AND SUBDIVISION ORDINANCE RELATING TO THE PURPOSE OF
THE ZONING AND SUBDIVISION ORDINANCE
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 201.06 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
201.06 Purpose
The purpose of the zoning and subdivision ordinance is to implement the policies of the City of
Huntington Beach General Plan, and without limiting the Huntington Beach Charter authority
regarding local control of land use, as provided in the California Government Code, Title 7,
Division 1, Planning and Zoning, and Division 2, Subdivisions, and in the California
Constitution, Chapter 11, Section 7. The purpose of the Local Coastal Program Implementation
Plan is to implement the policies of the City of Huntington Beach certified Land Use Plan
(Coastal Element) and the public access and recreation policies of the Coastal Act. It is further
adopted for the purpose of promoting and protecting the public health, safety, and general
welfare of Huntington Beach residents and to provide the physical, economic and social
advantages which result from a comprehensive and orderly planned use of land resources. This
zoning and subdivision ordinance is not intended to authorize, and shall not be construed as
authorizing the City of Huntington Beach to exercise its power in a manner which will take or
damage private property for public use. This zoning ordinance is not intended to increase or
decrease the rights of any owner of property under the constitution of the State of California or
the United States.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the�ity Council of the City of Huntington Beach at a
regular meeting thereof held on the o2n day of ( , 20 /8.
m
Mayor
ATTEST: Q , APPROVED A ORM:
e�44� 7�hw4
City Clerk City Attorney
REVIEW A D APPROVED: ITIATED AND APPROVED:
LAA
17
i anager Ut)irectc�r)of Community Development
17-6155/170350/mv
Ord. No. 4131
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, 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 March 19, 2018, and was again read to said City
Council at a Regular meeting thereof held on April 2,2018, and was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council.
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden
NOES: None
ABSENT: None
ABSTAIN: None
I,Robin Estanislau,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 April 12,2018.
In accordance with the City Charter of said City.
Robin EstanislauRobin City City Clerk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
LEGISLATIVE DRAFT
SECTION 201.06 OF THE
HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE
201.06 Purpose
The purpose of the zoning and subdivision ordinance is to implement the policies of the
City of Huntington Beach General Plan, and without limiting the Huntin�ton_Beach
Charter authority regarding local control of land use, as provided in the
California Government Code, Title 7, Division 1, Planning and Zoning, and Division 2,
Subdivisions, and in the California Constitution,Chapter 11, Section 7. The purpose of
the Local Coastal Program Implementation Plan is to implement the policies of the City
of Huntington Beach certified Land Use Plan(Coastal Element) and the public access
and recreation policies of the Coastal Act. It is further adopted for the purpose of
promoting and protecting the public health, safety, and general welfare of Huntington
Beach residents and to provide the physical, economic and social advantages which result
from a comprehensive and orderly planned use of land resources. This zoning and
subdivision ordinance is not intended to authorize, and shall not be construed as
authorizing the City of Huntington Beach to exercise its power in a manner which will
take or damage private property for public use. This zoning ordinance is not intended to
increase or decrease the rights of any owner of property under the constitution of the
State of California or the United States. (3334-6/97)
17-615 5/1703 51/mv
ATTACHMENT #3,
ORDINANCE NO. 4132
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 203 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE RELATING TO
CODE RELATING TO DEFINITIONS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 203.06 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
203.06 Definitions
Specific Plan. A plan for a defined geographic area that is consistent with the General Plan.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of t e City of Huntington Beach at a
regular meeting thereof.held on the J nx_day of ,Ori l , 20�•
a
Mayor Fri W
ATTEST: APPROVED AS TO RM:
/VO4M,
'City Clerk ty Attorney My
REVIEW D A D APPROVED: D, IATED AND APPROVED:
i anager UDireci4 of Community Development
17-6155/170353/mv
Ord. No. 4132
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, 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 March 19, 2018, and was again read to said City
Council at a Regular meeting thereof held on April 2, 2018, and was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council.
AYES: 9O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden
NOES: None
ABSENT: None
ABSTAIN: None
I,Robin Estanislau,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 April 12,2018. A�
In accordance with the City Charter of said City. (•[1�'6A�
Robin Estanislau, City Clerk City Clerk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
LEGISLATIVE DRAFT
SECTION 203.06 OF THE
HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE
203.06 Definitions
Specific Plan. A plan for a defined geographic area that is consistent with the General
Plan ,
(Speeifie Plans).
17-6155/170354/mv
ATTACHMENT #4
ORDINANCE NO. 4133
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 215 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE RELATING TO THE
SPECIFIC PLAN DISTRICT ESTABLISHED
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 215.02 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
215.02 Specific Plan District Established
The SP Specific Plan District is established by this chapter. This district provides areas for the
development and administration of specific plans, prepared in accord with the City of Huntington
Beach Charter, consistent with the General Plan and, for specific plans located within the coastal
zone, the Local Coastal Program.
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 e2A& day of / , 20 / .
Mayor
ATTEST: APPROVED AS T
&
City Clerk 71ty Attorney tNYREVIEWE PPROVED: IND AND APPROVED:
�ff
M ager UDirecW of Community Development
I
i
17-6155/170355/mv
Ord. No. 4133
STATE OF CALIFORNIA )
COUNTY OF ORANGE SS:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, 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 March 19,2018, and was again read to said City
Council at a Regular meeting thereof held on April 2,2018, and was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council.
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden
NOES: None
ABSENT: None
ABSTAIN: None
I,Robin Estanislau,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 April 12,2018. n
In accordance with the City Charter of said City.
Robin Estanislau, City Clerk City Clerk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
LEGISLATIVE DRAFT
SECTION 215.02
HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE
215.02 Specific Plan District Established
The SP Specific Plan District is established by this chapter. This district provides areas
for the development and administration of specific plans,prepared in accord with the City
of Huntington Beach Charter, GeveftHnent C=ede an consistent with the General Plan
and, for specific plans located within the coastal zone, the Local Coastal Program. (3334-
6/97)
17-6155/170358/mv
ATTACHMENT #5
ORDINANCE NO. 4144
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 215 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE RELATING TO STATUS OF SPECIFIC PLAN
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 215.14 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
215.14 Status of Specific Plan
A specific plan adopted by resolution of the City Council shall be administered as prescribed by
the Council, and adopted pursuant to the City of Huntington Beach Charter authority. A specific
plan shall not become effective unless a Local Coastal Program amendment is effectively
certified by the California Coastal Commission.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by thCity Council of th City of Huntington Beach at a
regular meeting thereof held on the day of 4 , 20 .
Mayor
ATTEST: APPROVED AS T
L
Ci . Clerk ity Attorney M f
REVIE D APPROVED: ITIATED AND APPROVED:
City g
ana er
U Director of Community Development
17-6155/170360/mv
Ord. No. 4144
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, 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 March 19,2018, and was again read to said City
Council at a Regular meeting thereof held on April 2, 2018, and was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council.
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden
NOES: None
ABSENT: None
ABSTAIN: None
I,Robin Estanislau,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 April 12,2018.
In accordance with the City Charter of said City. Y
Robin Estanislau, City Clerk City Clerk and ex-officio Clerk
Senior Deputy of the City Council of the City
of Huntington Beach, California
LEGISLATIVE DRAFT
SECTION 215.14 OF THE
HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE
215.14 Status of Specific Plan
A specific plan adopted by resolution of the City Council shall be administered as
prescribed by the Council and adopted pursuant to the City of Huntington Beach Charter
authority. Eensisterr rthe Gevefwmenr Qedl ,Seetien 65450 et seg. A specific plan
shall not become effective unless a Local Coastal Program amendment is effectively
certified by the California Coastal Commission. (3334-6/97)
17-6155/170361/mv
ATTAC H M E N T #6
i
i
ORDINANCE NO. 4145
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 222 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE RELATING TO STATUTORY AUTHORIZATION
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 222.01 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
222.01 Statutory Authorization
The Constitution of the State of California has conferred upon local governments the authority to
adopt regulations designed to promote the public health, safety, and general welfare of its
citizenry. Consistent with this authority, the City of Huntington Beach does hereby adopt this
chapter to implement the City's floodplain management regulations.
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 v2n-<-'day of /JDrl , 20 /5?.
d 6 AAd-&
Mayor
ATTEST: Q , APPROVED AS TO
4�
hW4�
City Clerk ty Attorney rv"r
REVIEW APPROVED: INI IATED AND APPROVED:
ply ager UDlrectQr)of Community Development
17-6155/170364/mv
Ord. No. 4145
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, 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 March 19, 2018, and was again read to said City
Council at a Regular meeting thereof held on April 2,2018, and was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council.
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden
NOES: None
ABSENT: None
ABSTAIN: None
I,Robin Estanislau,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 April 12,2018. n
In accordance with the City Charter of said City.
Robin Estanislau,City Clerk City Clerk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
LEGISLATIVE DRAFT
SECTION 222.01 OF THE
HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE
222.01 Statutory Authorization
The lie Constitution of the State of California has
02 65560 and 65900 conferred upon local governments the authority to adopt
regulations designed to promote the public health, safety, and general welfare of its
citizenry. Consistent with this authority,the City of Huntington Beach does hereby adopt
this chapter to implement the City's floodplain management regulations. (3845-12/09)
17-6155/170365/mv
ATTACHMENT #7
r
ORDINANCE NO. 4146
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 230.14 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE RELATING.TO
AFFORDABLE HOUSING DENSITY BONUS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 230.14 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
230.14 Affordable Housing Density Bonus
H. Procedure.
1. In addition to submitting all documentation required to apply for a Conditional Use
Pennit, a developer requesting a density bonus pursuant to this section shall include the
following in the written narrative supporting the application:
a. A general description of the proposed project, General Plan designation, applicable
zoning, maximum possible density permitted under the current zoning and General Plan
designation and such other information as is necessary and sufficient. The property must
be zoned and general planned to allow a minimum of five units to qualify for a density
bonus.
b. A statement detailing the number of density bonus units being proposed over and
above the number of units normally permitted by the applicable zoning and General Plan
designations.
c. A description of the requested incentive or concessions that the developer requests.
d. A calculation of the density bonus allowed.
2. All subsequent City review of and action on the applicant's proposal for a density bonus
and/or consideration of any requested incentives or concessions shall occur in a manner
concurrent with the processing of the Conditional Use Permit and any other required
entitlements, if any. If the developer proposes that the project not be subject to impact fees or
other fees regularly imposed on a development of the same type, final approval will be by the
City Council.
3. The Planning Commission/City Council shall review the subject Affordability Agreement
concurrently with the development proposal.No project shall be deemed approved until the
affordability agreement has been approved by the City Council.
4. The Planning Commission/City Council may place reasonable conditions on the granting
of the density bonus and any other incentives as proposed by the applicant; however, such
conditions must not have the effect, individually or cumulatively, of violating applicable State
law.
17-6155/170366/mv
Ord. No. 4146
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, 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 March 19,2018, and was again read to said City
Council at a Regular meeting thereof held on April 2,2018, and was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council.
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden
NOES: None
ABSENT: None
ABSTAIN: None
I,Robin Estanislau,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 April 12,2018.
In accordance with the City Charter of said City. y11r Y`Y/(f
Robin Estanislau,City Clerk City Clerk and ex-officio Clerk
Senior Deputy city Clerk of the City Council of the City
of Huntington Beach, California
ORDINANCE NO. 4146
5. A monitoring fee, as established by resolution of the City Council, shall be paid by the
applicant to the City prior to issuance of a certificate of occupancy for the first unit. This fee
shall be in addition to any other fees required for the processing of the Conditional Use Permit,
environmental analysis, and/or any other entitlements required.
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 �pry'� , 20P2.
m
Mayor
ATTEST: APPROVED AS TO
Cif -Clerk 7TED
ttorney M+^
REVIE APPROVED: INIAND APPROVED:
rt nager UDirecfgj of Community Development
17-6155/170366/mv
LEGISLATIVE DRAFT
SECTION 230.14 OF THE
HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE
230.14 Affordable Housing Density Bonus
H. Procedure.
1. In addition to submitting all documentation required to apply for a Conditional
Use Permit, a developer requesting a density bonus pursuant to this section shall
include the following in the written narrative supporting the application:
a. A general description of the proposed project,General Plan designation,
applicable zoning,maximum possible density permitted under the current zoning
and General Plan designation and such other information as is necessary and
sufficient.The property must be zoned and general planned to allow a minimum
of five units to qualify for a density bonus.
b. A statement detailing the number of density bonus units being proposed
over and above the number of units normally permitted by the applicable zoning
and General Plan designations.
c. A description of the requested incentive or concessions that the developer
requests.
d. A calculation of the density bonus allowed.
2. All subsequent City review of and action on the applicant's proposal for a density
bonus and/or consideration of any requested incentives or concessions shall occur in a
manner concurrent with the processing of the Conditional Use Permit and any other
required entitlements, if any.If the developer proposes that the project not be subject
to impact fees or other fees regularly imposed on a development of the same type,final
approval will be by the City Council.
3. The Planning Commission/City Council shall review the subject Affordability
Agreement concurrently with the development proposal.No project shall be deemed
approved until the affordability agreement has been approved by the City Council.
4. The Planning Commission/City Council may place reasonable conditions on the
granting of the density bonus and any other incentives as proposed by the applicant;
however, such conditions must not have the effect, individually or cumulatively,of
violating applicable State law.
housingCede Seetiaii 659 15 et seq.,and this seetion,ef providing affer-dable
faf
5. A monitoring fee, as established by resolution of the City Council, shall be paid
by the applicant to the City prior to issuance of a certificate of occupancy for the first
unit.This fee shall be in addition to any other fees required for the processing of the
Conditional Use Permit, environmental analysis,and/or any other entitlements
required.
17-6155/170369/mv
ATTAC H M E N T #8
RECEIVE®
DEC Q 6 2017
Dept.of Community Development
A city's police power i.e. the power to protect the public health, safety and welfare of its residents
provides much of the authority to enact local land use regulations. (Berman v. Parker, (1954) 348 U,S.
26, 32-33.)The California Constitution states "A county or city may make and enforce within its limits all
local, police, sanitary, and other ordinances and regulations not in conflict with general laws," Cal.
Const. at. Xl, section 7.The ability to enact ordinances to protect the health, safety and welfare is
important in the land use context because it confers broad rights to adopt regulations that implement
local land use vision and values, so long as laws enacted by a city are not in conflict with state laws.
Charter cities like Huntington Beach enjoy additional constitutional freedom to govern "municipal
affairs". Land use and zoning decisions have been consistently classified as a municipal affair and
charter cities are exempt from various provisions of the California Government Code, Planning and
Zoning Law. (City of Irvine v. Irvine Citizens Against Overdevelopment, (1994) 25 Cal. App.4th 868, 874.)
The City's broad land use authority(which flows directly from the constitution) and the City Charter
allows for the City to regulate zoning and land use without the need to reference State law.
Pursuant to direction from City Council, we are removing references to the California Government Code
in the following sections of the HBZSO: 201.06, 203.06, 215M, 215.14, 222.01, 230.14 H4 and replacing
with language to the effect of"this section was enacted pursuant to the California Constitution and
Huntington Beach Charter". This will clarify the City of Huntington Beach's constitutional zoning and
land use authority.
HB -785- Item 18. - 1.9
ATTACHMENT #9
• City of Huntington Beach Community Development Department
STAFF REPORT
H UNTINGiON BEACH
TO: Planning Commission
FROM: Jane James, Interim Director of Community Development
DATE: February 13, 2018
SUBJECT: ZONING TEXT AMENDMENT NO. 17-006 (REMOVE STATE LAW
REFERENCES) CONTINUED FROM DECEMBER 12, 2017
APPLICANT: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648
LOCATION: Citywide
STATEMENT OF ISSUE:
• Zoning Text Amendment (ZTA) No. 17-006 request: To remove references to the California
Government Code in the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) for the
following sections:
1. Section 201.06 Purpose
2. Section 203.06 Definitions
3. Section 215.02 Specific Plan District Established
4. Section 215.14 Status of Specific Plan
5. Section 222.01 Statutory Authorization
6. Section 230.14 HA Affordable Housing Density Bonus
o Continued Item:
- Planning Commission Study Session—November 28, 2017
- Planning Commission meeting December 12, 201 T City Attorney's Office requested and was
granted a continuance to a date uncertain by the Planning Commission.
• Staff Recommendation:
Approve Zoning Text Amendment No. 17-006 based upon the following:
- Allows the HBZSO to regulate via zoning without the need to reference State Law.
- Does not alter zoning on any property.
RECOMMENDATION:
Motion to:
"Find Zoning Text Amendment No. 17-006 statutorily exempt from California Environmental Quality
Act (CEQA) and approve Zoning Text Amendment No. 17-006 with findings (Attachment No. 1) and
forward Draft Ordinances (Attachment Nos. 2-7)to the City Council for adoption."
Item 18. - 20 HB -786-
ALTERNATIVE ACTION(S);
The Planning Commission may take alternative actions such as:
A. "Deny Zoning Text Amendment No. 17-006 with findings for denial,"
B. "Continue Zoning Text Amendment No. 17-006 and direct staff accordingly."
PROJECT PROPOSAL:
Zoning Text Amendment No. 17-006 represents a request pursuant to Huntington Beach Zoning and
Subdivision Ordinance (HBZSO) Chapter 247 Amendments to amend certain chapters and sections of
the HBZSO as follows:
I. Chapter 201 Title, Components, and Purpose by amending Section 201.06 Purpose
2. Chapter 203 Definitions by amending Section 203.06 Definitions
3. Chapter 215 SP Specific Plan District by amending Section 215.02 Specific Plan District
Established
4. Chapter 2.15 SP Specific Plan District by amending Section 215.14 Status of Specific Plan
5. Chapter 222 FP Floodplain Overlay District by amending Section 222.01 Statutory
Authorization
6. Chapter 230 Site Standards by amending Section 230.14 H. 4. Affordable Housing Density
Bonus
ISSUES:
General Plan Conformance:
The proposed Zoning Text Amendment does not conflict with the goals and policies of the City's
General Plan.
Zonin,- Compliance: Not applicable.
Urban Design 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.
Desi;n Review Board: Not applicable.
PC Staff Report—02/13/18 HB -787- (18sr0Item 18. - 21
Subdivision Committee: Not.applicable.
Other Departments Concerns and Requirements: Not applicable.
Public Notification:
Legal notice was published in the Huntington Beach Wave on February 1, 2018 and notices were sent
to individuals/organizations requesting notification (Planning Division's Notification Matrix). As of
February 5, 2018, no communication supporting or opposing the request has been received.
Application Processinz Dates:
DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S):
Not Applicable Legislative Action - Not Applicable
ANALYSIS:
On September 18, 2017 the City Council directed the City Attorney's Office to conduct a thorough
review of the HBZSO to eliminate any confusion regarding the City's local authority over land use
laws that are not otherwise preempted by State Law. The draft ordinances (Attachment Nos. 2-7) and
legislative drafts (Attachment No. 8) provide the new language to be added to the HBZSO.
According to the narrative provided by the City Attorney's Office (Attachment No. 9) adopting the
proposed zoning text amendment supports the City Council's direction to amend the zoning code by
removing references to the California Government Code and replacing with language to the effect of
"this section was enacted pursuant to the California Constitution and Huntington Beach Charter." This
will clarify the City of Huntington Beach's constitutional zoning and land use authority and allows for
the City to regulate zoning and land use without the need to reference State law.
Staff recommends that the Planning Commission approve Zoning Text Amendment No. 17-006 and
forward to the City Council for adoption.
ATTACHMENTS:
1. Findings for Approval —Zoning Text Amendment No. 17-006
2. Draft Ordinance No. 4131 Amending HBZSO Chapter 201 Title, Components, and Purpose by
Amending Section 201.06 Purpose
3. Draft Ordinance No. 4132 Amending HBZSO Chapter 203 Definitions by Amending Section
203.06 Definitions
4. Draft Ordinance No, 4133 Amending HBZSO Chapter 215 SP Specific Plan District by Amending
Section 215.02 Specific Plan District Established
5. Draft. Ordinance No. 4144 Amending HBZSO Chapter 215 SP Specific Plan District by Amending
Section 215,14 Status ofSpecifzc Plan
6. Draft Ordinance No. 4145 Amending HBZSO Chapter 222 FP Floodplain Overlay District by
Amending Section 222.01 Statutory Authorization
Item 18. - 22-port-021l3il8 HB -788- (18sr04ZTA 17-006)
7. Draft Ordinance No. 4146 Amending HBZSO Chapter 230 Site Standards by Amending Section
230.14 K 4.Affordable Housing Density Bonus
8. Legislative Drafts of Amendments to Chapter 201, Chapter 203, Chapter 215, Chapter 222, and
Chapter 230
9. Narrative from City Attorney's Office received December 6, 2017
SKJJ:kd
PC Staff'Report 02/13/18 HB _789_ (18sro Item 18. - 23
ATTACHMENT NO. 1
SUGGESTED FINDINGS FOR APPROVAL
ZONING TEXT AMENDMENT NO. 17-006
SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA:
The Planning Commission finds that the project will not have any significant effect on the environment.
and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to City
Council Resolution No. 4501, Class 20, which supplements CEQA because the request is a minor
amendment to a zoning ordinance that does not change the development standards intensity or density.
SUGGESTED FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 17-006:
1. Zoning Text Amendment No. 17-006 amends Chapter 201 Title, Components, and Purpose by
Amending Section 201.06 Purpose; Chapter 203 Definitions by amending Section 203.06 Definitions;
Chapter 215 SP Specific Plan District by amending Section 215.02 Specific Plan District Established;
Chapter 215 SP Specific Plan District by amending Section 215.14 Status of Specific Plan; Chapter
222 FP Floodplain Overlay District by amending Section 222.01 Statutory Authorization; Chapter 230
Site Standards by amending Section 230.14 H. 4. Affordable Housing Density Bonus of the
Huntington Beach Zoning and Subdivision Ordinance to eliminate references to State Law. ZTA No.
17-006 does not conflict with the goals and policies specified in the General Plan.
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 or the development standards thereof.
3. A community need is demonstrated for the proposed amendment to ensure that the HBZSO allows for
the City to regulate zoning and land use without the need to reference State law.
4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice.
Approval of Zoning Text Amendment No. 17-006 allows for the City to regulate zoning and land use
without the need to reference State law.
Attachment No. I.I
Item 18. - 24 HB -790-
NOTICE OF PUBLIC (�HE�IIN
BEFORE THE CITYCOIJNCILOFTHE
CITY BEACH
NOTICE IS HEREBY GIVEN that on Monday, March 19, 2018, at 6:00
p.m, in the City Council Chambers, 2000 gain Street, Huntington
Beach, the City Council will hold a public hearing on the following
planning and zoning item :
JyA7,FNINQq TEXT A F;ND r=NT Nn 17-00,6 (REMOVS
LAW REFERENCES) ` City of Huntington
Beach Request: To remove references to the California Government
Code in the Huntington Beach Zoning and Subdivision Ordinance
(H BZSO) for the following sections: 1) Section 201 .06 Purpose, 2 Sec-
tion 203.06 Definitions.; 3) Section 215.02 Specific Plan District Estab-
Iished; 4) Section 215.14 Status of Specific Plan; 5) Section 222.01 Stat-
utory Authorization; and 6) Section 230.14 HA Affordable Housing
Density Bonus. The Planning Commission recommended ap roval of
Zoning Text Amendment No. 17-006 to the City Council on February
13, 2018. Location: Citywide City Contact: Tess Nguyen, Associate
Planner
NOTICE IS HEREBY GIVEN that Item #1 is cate orically exempt
from the provisions of the California EnvironmentaIMality Act.
NOTICE IS HEREBY GIVEN that Item # 1 will require Local Coast-
al Program Amendment to be certified by the California Coastal
Commission.
ON FILE: A copy of the proposed request is on file in the Community
Development Department, 2000 Main Street, Huntington Beach, Cali-
fornia 92648, for inspection by the public. A copy of the staff report
will be available to interested parties at the C ity Clerk's Office or on
line at http://www.huntingtonueachca.gov on Thursday, March 15,
2018.
ALL INTERESTED PERSONS are invited to attend said hearing and
ex Tess 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 cor-
f pondence delivered to the City at, or prior to, the public hearing.
I there are any further questions please call the Community Devel-
opment Department at (714) 536-5271 and refer to the above items.
Direct your written communications to the City Clerk,
Robin Estanislau, City Clerk
City of Huntington Beach
2000 Main Street, 2nd Floor
Huntington Beach, California 92648
714-536-5227
htto:Auntingtonb achca gov/HBPublicComrn nts/
Published: The Huntington BeachWave March 8, 201811088105
2
Switzer, Donna
From: David Ward [daward@scng.com]
Sent: Thursday, March 01, 2018 4:30 PM
To: Switzer, Donna
Cc: Esparza, Patty
Subject: Re: PH Notice
...And last but not least....
A&1111OSK05
Run Date 3/8
Cost $180
PROOF
i
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH
NOTICE IS HEREBY GIVEN that on Monday, March 19, 2018, at 6:00 p.m. in the City
Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a
public hearing on the following planning and zoning item:
❑ 1. ZONING TEXT AMENDMENT NO. 17-006 (REMOVE STATE LAW
REFERENCES) Applicant: City of Huntington Beach Request: To remove
references to the California Government Code in the Huntington Beach Zoning
and Subdivision Ordinance (HBZSO) for the following sections: 1) Section 201.06
Purpose; 2) Section 203.06 Definitions; 3) Section 215.02 Specific Plan District
Established; 4) Section 215.14 Status of Specific Plan; 5) Section 222.01
Statutory Authorization; and 6) Section 230.14 HA Affordable Housing Density
Bonus. The Planning Commission recommended approval of Zoning Text
Amendment No. 17-006 to the City Council on February 13, 2018. Location:
Citywide City Contact: Tess Nguyen, Associate Planner
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.
ON FILE: A copy of the proposed request is on file in the Community Development
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, March 15,
2018.
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 Community Development Department at (714) 536-
5271 and refer to the above items. Direct your written communications to the City
Clerk.
Robin Estanislau, City Clerk
City of Huntington Beach
2000 Main Street, 2"d Floor
Huntington Beach, California 92648
714-536-5227
http://huntingtonbeachca.gov/HBPublicComments/
VERY® 5160® Easy Peel®Address Labels ; Go to avery.com/templates;
�J I Bend along line to expose Pop-up Edge® i Use Avery Template 5160 1
i"
1 2 5
HB Chamber of Commerce Orange County Assoc.of Realtors Huntington Beach Tomorrow
President Dave Stefanides President
2134 Main St.Ste. 100 25552 La Paz Road PO Box 865
Huntington Beach,CA 92648 Laguna Hills,CA 92653 Huntington Beach,CA 92648
6 6 8
Building Industry Assoc.of South Calif. Building Industry Assoc.of South Calif. ETI:Corral 100
Michael Balsamo; CEO, OC Chapter Adam S.Wood,Director of Govt.Affairs Jean Kimbrell,Treasurer
24 Executive Park,Suite 100 24 Executive Park,Suite 100 P.O.Box 2298
Irvine, CA 92614 Irvine, CA 92614 Huntington Beach,CA 92647
INTEROFFICE 9 INTEROFFICE 9 12
Envlrah mil
ental_8b ar Cd Environmental B08TC�', Rutan&Tucker,LLP
- Jeffrey M.Oderman
Antonia Graham Kirsten_Graham 611 Anton Blvd., 14th Floor
- -
4 ' FIoOT 1 Costa Mesa,CA 92626-1950
13 1 14 26
Newland House Museum Historic Resources Board Chair Department of Transportation,Dist. 12
Pres., H.B. Historical Society Kathie Schey Maureen El Harake, Branch Chief
19820 Beach Blvd. 3612 Rebel Circle 1750 E&'Street#100
Huntington Beach,CA 92648 Huntington Beach,CA 92649 Santa Ana,CA 92705
25 25 40
California Coastal Commission California Coastal Commission Hearthside Homes
Teresa Henry,South Coast Area Office South Coast Area Office 27285 Las Ramblas,Suite 210
200 Oceangate, 10th Floor 200 Oceangate, 10th Floor Mission Viejo, CA 92691
Long Beach, CA 92802-4302 Long Beach, CA 92802-4302
57
Kathleen Belohovek 60
9101 Five Harbors Dr. Paula Leonard
Huntington Beach,CA.92646 4951 Hilo Circle
Huntington Beach,CA 92647
I
i
i
Zr� 7
Pat:averycom/patents ; Etiquettes d'adresse Easy Peel® Allez a avery.ca/gabarits
i RepliezAlahachureafinderev6lerlerebordPop-upa i Utilisez le Gabarit Avery 5160 1
PROOF OF SERVICE OF PAPERS
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
I am employed in the County of Orange, State of California. I am over the age of 18 and
not a party to the within action; my business address is 2000 Main Street, Huntington Beach,
CA 92648.
Pursuant to Code of Civil Procedure § 1094.6, on March 2, 2018, 1 served the foregoing
documents(s) described as: Notice of Public Hearing Before the City Council of the City of
Huntington Beach—Zoning Text Amendment No. 17-006 (Remove State Law References) on
the interested parties in this action by placing a true copy thereof in a sealed envelope
addressed as follows:
17 Addresses —see label list
a. [X] BY MAIL -- I caused such envelope to be deposited in the mail at Huntington Beach,
California. I am "readily familiar" with the firm's practice of collection and processing
correspondence for mailing. It is deposited with U.S. Postal Service on that same day
in the ordinary course of business, with postage thereon fully prepaid. I am aware
that, on motion of a party served, service is presumed invalid if postal cancellation date
or postage meter date is more than 1 day after date of deposit for mailing in the
affidavit.
b. [ ] BY MAIL -- By depositing a true copy thereof in a sealed envelope with postage
thereon fully prepaid in the United States mail at Huntington Beach, California,
addressed to the address shown above.
c. [ ] BY DELIVERY BY HAND to the office of the addressee.
d. [ ] BY PERSONAL DELIVERY to the person(s) named above.
e. [ ] BY FAX TRANSMISSION to No.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on March 2, 2018, at Huntington Beach, California.
Deputy City Clerk
g:/followup/letters/proof of mailing.doc
t-rrlZg 1. LIDO
P(jp, - 4�
H. B. WAVE
PUBLISH DATE: 4/12/2018
CITY OF HUNTINGTON BEACH
LEGAL NOTICE
ORDINANCE NO. 4131
Adopted by the City Council on APRIL 2, 2018
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 201 OF
THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE RELATING TO THE
PURPOSE OF THE ZONING AND SUBDIVISION ORDINANCE"
SYNOPSIS:
On September 18, 2017, the City Council directed the City Attorney's Office to conduct a review
of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to eliminate any confusion
regarding the City's local authority over land use laws that are not otherwise preempted by State
Law. Council Members, Semeta and Peterson, believed there were clauses in the Zoning and
Subdivision Map Ordinance that may have created confusion in relation to local authority over
land use laws that are not otherwise preempted by State law. The City Attorney conducted a
thorough review of the City's Zoning and Subdivision Ordinance (ZSO) and returned to the
Planning Commission, then City Council, with recommendations for amendments to the code.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held
April 2, 2018 by the following roll call vote:
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden
NOES: None
ABSTAIN: None
ABSENT: None
THE FULL TEXT OF THE ORDINANCE IS AVAILABLE IN THE CITY CLERK'S OFFICE.
This ordinance is effective 30 days after adoption.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
714-536-5227
ROBIN ESTANISLAU, CITY CLERK
H. B. WAVE
PUBLISH DATE: 4/12/2018
CITY OF HUNTINGTON BEACH
LEGAL NOTICE
ORDINANCE NO. 4132
Adopted by the City Council on APRIL 2, 2018
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 203 OF
THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE RELATING TO CODE
RELATING TO DEFINITIONS"
SYNOPSIS:
On September 18, 2017, the City Council directed the City Attorney's Office to conduct a review
of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to eliminate any confusion
regarding the City's local authority over land use laws that are not otherwise preempted by State
Law. Council Members, Semeta and Peterson, believed there were clauses in the Zoning and
Subdivision Map Ordinance that may have created confusion in relation to local authority over
land use laws that are not otherwise preempted by State law. The City Attorney conducted a
thorough review of the City's Zoning and Subdivision Ordinance (ZSO) and returned to the
Planning Commission, then City Council, with recommendations for amendments to the code.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held
April 2, 2018 by the following roll call vote:
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden
NOES: None
ABSTAIN: None
ABSENT: None
THE FULL TEXT OF THE ORDINANCE IS AVAILABLE IN THE CITY CLERK'S OFFICE.
This ordinance is effective 30 days after adoption.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
714-536-5227
ROBIN ESTANISLAU, CITY CLERK
H. B. WAVE
PUBLISH DATE: 4/12/2018
CITY OF HUNTINGTON BEACH
LEGAL NOTICE
ORDINANCE NO. 4133
Adopted by the City Council on APRIL 2, 2018
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 215 OF
THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE RELATING TO THE
SPECIFIC PLAN DISTRICT ESTABLISHED"
SYNOPSIS:
On September 18, 2017, the City Council directed the City Attorney's Office to conduct a review
of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to eliminate any confusion
regarding the City's local authority over land use laws that are not otherwise preempted by State
Law. Council Members, Semeta and Peterson, believed there were clauses in the Zoning and
Subdivision Map Ordinance that may have created confusion in relation to local authority over
land use laws that are not otherwise preempted by State law. The City Attorney conducted a
thorough review of the City's Zoning and Subdivision Ordinance (ZSO) and returned to the
Planning Commission, then City Council, with recommendations for amendments to the code.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held
April 2, 2018 by the following roll call vote:
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden
NOES: None
ABSTAIN: None
ABSENT: None
THE FULL TEXT OF THE ORDINANCE IS AVAILABLE IN THE CITY CLERK'S OFFICE.
This ordinance is effective 30 days after adoption.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
714-536-5227
ROBIN ESTANISLAU, CITY CLERK
C"( l WZ-1 1 1
PUB,- 11112110
H. B. WAVE
PUBLISH DATE: 4/12/2018
CITY OF HUNTINGTON BEACH
LEGAL NOTICE
ORDINANCE NO. 4144
Adopted by the City Council on APRIL 2, 2018
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 215 OF
THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE RELATING TO
STATUS OF SPECIFIC PLAN"
SYNOPSIS:
On September 18, 2017, the City Council directed the City Attorney's Office to conduct a review
of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to eliminate any confusion
regarding the City's local authority over land use laws that are not otherwise preempted by State
Law. Council Members, Semeta and Peterson, believed there were clauses in the Zoning and
Subdivision Map Ordinance that may have created confusion in relation to local authority over
land use laws that are not otherwise preempted by State law. The City Attorney conducted a
thorough review of the City's Zoning and Subdivision Ordinance (ZSO) and returned to the
Planning Commission, then City Council, with recommendations for amendments to the code.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held
April 2, 2018 by the following roll call vote:
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden
NOES: None
ABSTAIN: None
ABSENT: None
THE FULL TEXT OF THE ORDINANCE IS AVAILABLE IN THE CITY CLERK'S OFFICE.
This ordinance is effective 30 days after adoption.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
714-536-5227
ROBIN ESTANISLAU, CITY CLERK
H. B. WAVE
PUBLISH DATE: 4/12/2018
CITY OF HUNTINGTON BEACH
LEGAL NOTICE
ORDINANCE NO. 4145
Adopted by the City Council on APRIL 2, 2018
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 222 OF
THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE RELATING TO
STATUTORY AUTHORIZATION"
SYNOPSIS:
On September 18, 2017, the City Council directed the City Attorney's Office to conduct a review
of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to eliminate any confusion
regarding the City's local authority over land use laws that are not otherwise preempted by State
Law. Council Members, Semeta and Peterson, believed there were clauses in the Zoning and
Subdivision Map Ordinance that may have created confusion in relation to local authority over
land use laws that are not otherwise preempted by State law. The City Attorney conducted a
thorough review of the City's Zoning and Subdivision Ordinance (ZSO) and returned to the
Planning Commission, then City Council, with recommendations for amendments to the code.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held
April 2, 2018 by the following roll call vote:
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden
NOES: None
ABSTAIN: None
ABSENT: None
THE FULL TEXT OF THE ORDINANCE IS AVAILABLE IN THE CITY CLERK'S OFFICE.
This ordinance is effective 30 days after adoption.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
714-536-5227
ROBIN ESTANISLAU, CITY CLERK
�iYllti i . LJILJ I I f
t� r a11 .
H. B. WAVE
PUBLISH DATE: 4/12/2018
CITY OF HUNTINGTON BEACH
LEGAL NOTICE
ORDINANCE NO. 4146
Adopted by the City Council on APRIL 2, 2018
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 230.14
OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE RELATING TO
AFFORDABLE HOUSING DENSITY BONUS"
SYNOPSIS:
On September 18, 2017, the City Council directed the City Attorney's Office to conduct a review
of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to eliminate any confusion
regarding the City's local authority over land use laws that are not otherwise preempted by State
Law. Council Members, Semeta and Peterson, believed there were clauses in the Zoning and
Subdivision Map Ordinance that may have created confusion in relation to local authority over
land use laws that are not otherwise preempted by State law. The City Attorney conducted a
thorough review of the City's Zoning and Subdivision Ordinance (ZSO) and returned to the
Planning Commission, then City Council, with recommendations for amendments to the code.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held
April 2, 2018 by the following roll call vote:
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden
NOES: None
ABSTAIN: None
ABSENT: None
THE FULL TEXT OF THE ORDINANCE IS AVAILABLE IN THE CITY CLERK'S OFFICE.
This ordinance is effective 30 days after adoption.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
714-536-5227
ROBIN ESTANISLAU, CITY CLERK
I
pu r/ /1
H. B. WAVE
PUBLISH DATE: 4/12/2018
CITY OF HUNTINGTON BEACH
LEGAL NOTICE
ORDINANCE NO. 4159
Adopted by the City Council on APRIL 2, 2018
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SP 7 (ELLIS-
GOLDENWEST SPECIFIC PLAN) BY AMENDING THE EQUESTRIAN TRAIL ALIGNMENT
(ZONING TEXT AMENDMENT NO. 16-002)"
SYNOPSIS:
Zoning Text Amendment (ZTA) No.16-002 realigns the equestrian trails in Exhibit 8 and
Appendix B of the zoning document known as the Ellis-Goldenwest Specific Plan (EGWSP).
The equestrian trails realigned are located within an approximately 4.5-acre mostly undeveloped
area south of Ellis Avenue between Edwards Street and Goldenwest Street (across from
Central Park) and the area south of Derby Circle. The Zoning Text Amendment No.16-002 also
includes a minor update to language in the EGWSP reflecting the department name change
from "Department of Planning and Building" to "Department of Community Development."
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held
April 2, 2018 by the following roll call vote:
AYES: O'Connell, Semeta, Peterson, Posey, Delgleize, Hardy, Brenden
NOES: None
ABSTAIN: None
ABSENT: None
THE FULL TEXT OF THE ORDINANCE IS AVAILABLE IN THE CITY CLERK'S OFFICE.
This ordinance is effective 30 days after adoption.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
714-536-5227
ROBIN ESTANISLAU, CITY CLERK