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HomeMy WebLinkAboutCode Amendment 86-29 - Ordinance 2864 - Add Section 9801.4 E `CITY OF HUNTINGTON BEACH COUNCIL ADMINISTRATOR COMMUNICATIONFIE HUNTINGTON BEACH 7iWLL GCi Q'CJ "`�'2�.� To Honorable Mayor and From Charles W. Thompson, City Council Members City Administrator Subject CODE AMENDMENT 86-29 Date September 9, 1986 The Planning Commission, at its meeting of August 26, 1986, recommended denial of Code Amendment 86-29 which would add a new provision to the Ordinance. Code enabling the Chief Executive Officer of the Redevelopment Agency to file applications for project entitlements within a redevelopment project area. The Planning Commission's actions related to five (5) findings for denial, and the following is a list of those findings and staff's response to each area of concern: 1. Reduces the time for property owners to review and respond to proposed projects within their areas. The proposed Code Amendment will allow individual property owners additional time to review and respond to a specific project that would affect them as a property owner. The filing of an application for a conditional exception, conditional use permit, or other entitlements would serve to remove none of the existing notification requirements for public hearing. It will also provide property owners directly affected by the project, should it ultimately be constructed, as well as adjacent property owners that would be impacted by the project's implementation the opportunity to comment and provide input at a much earlier date than would otherwise be possible. 2. Provides inadequate notification of property owners to proposed projects within redevelopment project areas. The proposed code amendment would not alter in any way the existing notification requirements under the Ordinance Code for entitlement hearings. Again, as indicated above, but would allow entitlement hearings to be held earlier in the process to maximize public input on a specific plan for development. 3. Does not support the Council I s/Redeve lop ment Agency's requirements, as outlined in the Redevelopment Plan, to obtain the consent and support of 60% of the property owners owning 60% of the property in the Downtown Redevelopment Project Area. The Agency's current requirement of two-thirds (2/3) of the property owners owning two-thirds of the property to agree to the redevelopment project prior to the Agency entering into a Disposition and Development Agreement, requires that the developer initiate discussions and property acquisitions with the affected property owners at a very early stage of project development. This procedure provides for an additional mechanism of advance notification for the planning entitlement portion of a project within a redevelopment area. 1 Honorable Mayor and City Council Members September 9, 1986 Page Two 4. Inadequate analysis and assessments of potential impacts. Staff's analysis is that this mechanism would serve to provide for enhanced communication with the property owners as well as adjacent property owners in a public hearing forum. Our analysis is that the developer who is granted authorization to file for such an application is the one placed at risk, in terms of the cost of preparing the necessary site plans and related application documents, without having assurance that they will be able to move forward with the implementation of that project. Section 9801.4 requires that the consent of the property owner shall be obtained prior to any development occurring under such entitlement. The developer, therefore, would be unable to obtain the necessary building permits to move forward with the projects implementation without property owner approval. 5. Unnecessary granting of power to the Chief Executive Officer of the Redevelopment Agency. The proposed code amendment is designed as a means to gain maximum public input including all affected property owners prior to property acquisitions. We are informed by Agency counsel, Stradling, Yocca, Carlson, & Rauth that most redevelopment agencies that they deal with have a procedure incorporated within the redevelopment plan that allows the Agency to process design overlays and specific redevelopment proposals prior to final negotiations being reached with individual property owners. In summary, the code amendment as proposed will in no way. reduce or alter the notification process in terms of formal entitlement hearings. The same notification as is currently provided will continue to be provided under the code amendment as proposed. What in affect will occur with the City Council's adoption of Ordinance No. 2864 will be to enable an earlier review of a specific entitlement proposal by all interested parties, including the property owners, at a formal public hearing. The time and costs associated with preparing such an entitlement will be the responsibility of the developer who has requested the processing of such an entitlement. Staff would be happy to answer any questions you may have as a part of your consideration of this matter at your regular adjourned meeting of September 10, 1986. Respe ubmitted, Charles W. Thompson �G City Administrator CWT/DLB:sar Attachments 2790h REQUEST FOR CITY COUNCIL ACTION Date September 2, 1986 Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administrator ICU James W. Palin, Director , Development Services .� Prepared by: .10 CODE AMENDMENT NO. 86-29 Subject: Consistent with Council Policy? ( ] Yes New Policy or Exception yzoL �'6 T Statement of Issue, Recommendation, Analysis, Funding Source,Alternative Actions, Attachments: STATEMENT OF ISSUE: At the August 18 , 1986 City Council meeting the City Council had the first reading of Code Amendment No. 86-29 . Subsequently, the Planning Commission held a public hearing on the code amendment on August 26, 1986. The proposed code amendment would add a new provision to allow the Executive Director of the Redevelopment Agency to file for entitlements on behalf of the proper owners for development projects within a redevelopment project area . RECOMMENDATION: The Planning Commission action and recommendation on August 26 , 1986 : ON MOTION BY LIVENGOOD, SECOND BY ERSKINE, CODE AMENDMENT NO. 86-29 WAS DENIED WITH FINDINGS BY THE FOLLOWING VOTE: AYES: Rowe, Winchell, Schumacher , Livengood, Erskine, Porter , Mir.jahangir NOES: None ABSENT: None ABSTAIN: None FINDINGS FOR DENIAL: 1 . Reduces the time for property owners to review and respond to proposed projects within their areas . 2 . Provides inadequate notification of property owners to proposed projects within redevelopment project areas . 3 . Does not support the Council ' s/Redevelopment Agency's requirements, as outlined in the Redevelopment Plan, to obtain the consent and support of 60% of the property owners owning 60% of the property in the Downtown Redevelopment Project Area. f 4 . Inadequate analysis and assessments of potential impacts. 5. Unnecessary granting of power to the Executive Director of the Redevelopment Agency. Staff' s recommendation is for the City Council to approve Code Amendment No. 86-29 and adopt Ordinance No. 2864. ANALYSIS: The proposed code amendment would provide greater flexibility for the Planning Commission to review, at an early date, proposed developments in redevelopment project areas prior to final negotiations and acquisition of property for the development site . The Planning Commission expressed concern regarding the proposed code amendment . They cited Section 65854 of the Government Code regarding a public hearing before the Planning Commission prior to an amendment to a zoning ordinance . They also cited Section 65091 regarding notification of public hearings . Attached is Section 65853 of the Government Code which discusses the zoning amendment procedures . It states the procedure to be followed for zoning ordinances which will change an area from one zone to another zone or imposes. regulations listed in Section 65850 (which regulates development standards ) . It further states that "Any other amendment to a zoning ordinance may be adopted as other ordinances are adopted . Ordinance 2864 is an amendment to the administrative procedures of the zoning ordinance , therefore , pursuant to Section 65853 does not require a public hearing before nor a recommendation from the Planning Commission prior to council adoption . Therefore , the code amendment was sent to to Planning Commission for review and recommendation to the City Council as a courtesy and was not mandatory. ENVIRONMENTAL STATUS : The proposed project is categorically exempt from the provisions of the California Environmental Quality Act . FUNDING SOURCE: Not applicable . ALTERNATIVE ACTION: Modify ordinance as desired . ATTACHMENTS: 1 . Ordinance No. 2864 2. Planning Commission staff report dated August 19, 1986 3. Section 65853, 65854, 65090 and 65091 of the Government Code V JWP: FW:kla �� RCA - 9/2/86 -2- (6084d ) huntkton boach davelOPMent services dopartmen Aft ti - s . IEp®R TO: Planning Commission FROM: Development Services DATE: August 19, 1386 SUBJECT: CODE AMENDMENT NO. 86-29 APPLICANT: City of Huntington Beach REQUEST: To amend Article 980 of the Huntington Beach Ordinance Code to add a new provision to allow the Redevelopment Agency to file for entitlements on behalf of property owners for development projects within redevelopment project areas 1 .0 SUGGESTED ACTION: Approve Code Amendment- No. 86-29 and recommend adoption by the City Council . 2. 0 GENERAL INFORMATION• Code Amendment No. 86-29 is being processed at the request of the Redevelopment Department to streamline the approval process of redevelopment projects where not all land has been acquired or consolidated for the development site . 3 . 0 ENVIRONMENTAL STATUS: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act. 4 . 0 ANALYSIS: The proposed code amendment is intended to eliminate an existing constraint on the approval timeline for redevelopment projects. It would allow the agency to process the appropriate entitlement application before the Planning Commission prior to the completion of all the land acquisition . At the present, the agency must wait until all . of the property owners within a project site consent to authorize the submittal of an entitlement application. The problem created is that formal input and public hearings before the Planning Commission cannot take place in a timely fashion. The code amendment would C- q A-F M49hj allow the Commission to review and take action on redevielopment r projects at an early point ,in the process. The ordinance ,would not `5 circumvent in any way the rights of private property owners ` since prior to issuance of any building permits for the project acquisition and/or consent would have to be obtained. `- ATTACHMENTS: 1. Draft ordinance JWP:JA: jr 4)*(5276d) V �`� I Staff Report - 7/15/86 2- ___� _�.ea..�. (5276d) ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON ' BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING NEW SECTION 9801.4 ENTITLED "REDEVELOPMENT PROJECT AREAS" TO CHAPTER 98 The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Ordinance Code is hereby amended by adding hereto new section 9801. 4 to Chapter 98 to read as follows: SECTION 9801. 4 REDEVELOPMENT PROJECT AREAS : Notwith- standing any other provision of this code, applications for conditional exceptions , conditional use permits , zone changes, or otherentitlements on properties within a redevelopment project area may be filed by the Chief Executive Officer of the Redevelopment Agency or his designee without the consent of the property owner; provided however, that consent of the property owner shall be obtained prior to any development under such entitlement. SECTION 2 . This ordinance shall take effect thirty days after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of 1986 . Mayor ATTEST: APPROVED AS TO FORM: City Clerk : ty t me REVIEWED APPROVED: I TIATED AND PROVED: Administrator Depti y Administrator Projects for -uinten.arce, rehabilitation, and reconstruction shall net be included in the regional transportation improvene►:t progra-n. The regional transportation improvement programs shall :.e consistent with guidelines established by the can issicn pursuant to Section 14532 and may not exceed , for local assistance projects, by more than 25 percent, the estimate of funds for those projects provided by the conunission pursuant to Section 14525, except as provided in Section 14527 . The regional transportation improverent program :nay be used to meet federal planning requirements where appropriate. (Fmerxed by Stats . 1981, Ch. 541. Effective September 17, 1981.) County transportation 65084 . In order to insure coordinated director planning , davelopmenc , and operation of transportation systems of all types and modes , the board of supervisors of each county may appoint a county director of transportation, and specify the extent of the responsibilities of such officer. (Added by Stats . 1972, 1253. Effective July 1, 1973.) Designation of county 65085. The beard of supervisors may designate employee as director any county officer ,to is properly qualified to serve as the aunty di=actor of transportaticn. (?tided by Stats . 1972, Ch. 1253. `.f:?ctive July 1, 1973.) Chapter 2.7. Public Hearings (Chapter 2.7 added by Stats. 1984, Ch. 1009.) Notice of hearing 65090. . (a) When a provision of this title requires notice of a public 'wring to be given pursuant to this section , notice shall be published pursuant to Section 6061 in at least one newspaper of general circulation within the jurisdiction of the local agency which is conducting the proceeding at least 10 days prior to the hearing, or if there is no such ne,,aspaper of general circulation, the notice shall be posted at least 10 days prior to the hearing in at least three public places within tee jurisdiction of the local agency. (b) The notice shall include the informaticn specified in Section 65094. (c) In addition to the notice rc ;uired by this section, a local agency may give notice of the hearing in any other manner it deems necessary or w desirable. C + (Added by Stats. 1984, Ch. 1009.) 37 Notification procedures 65091. , (a) When a provision of this title requires notice of a public hearing to be giver, pursuant to this section, notice shall be given in all of the following ways: (1) 4otice of the hearing shall be :nailed or delivered at least 10 days prior to the hearing to the owner of the subject real property or t;e owner's duly authorized agent, and to the project applicant. (2) Nctice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to each local agency expected to provide -,dater , sewage , streets , roads , schools , or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected. (3) Notice of the hearing shall be ;nailed or delivered at least 10 days prior to the 'nearing to all owners of real property as &hewn on the latest equalized assessment roll within 300 feet of the real property that is the subject of !—he hearing . In lieu of utilizing the assessment roll , the local agency nay utilize records of the •• county assessor or tax collector which contain note recent information than the assessment roll. If the nL near of owners to whom notice would ce „jai led or delivered pursuant to this paragraph or paragraph ( 1) is greater than 1,000, a local- agency, in lieu of mail? or delivered notice, .nay provide notice by placing a display advertisement- cf at least cre-eighth pi-age n at least one newspaper of general circulation within IC-he local agency in which the proceeding is conducted at least 10 days prior to the :year irg. ( 4 ) If the notice is :nailed or delivered pursuant to paragraph (3) , the notice shall also either be: (A) PublisAhed pursuant to Section 6051 in at least one newspaper of general circulation within the local agency which is conducting the proceeding at least 10 days prior to the hearing. (B) Posted at least 10 days prior to the hearing in at least three public places within the boundaries of the local agency, including one public place in the area directly affected by the proceeding. (b) The notice shall include the information specified in Section 65094. (c) In addition to the notice required by this section, a local agency :may give notice of the hearing in any other manner it deems necessary or desirable. (Added by Stats. 1984, Ch. 1009. Amended by Stats. 1985, Ch. 1199.) p V� 38 permitted on adjacent property. It is further the intent of the Legislature to expedite the process of zoning such property to avoid unnecessary costs and delays to the school district; however, school districts shall be charged for the administrative costs of such rezoning.. (b) If all of the public entities enumerated An Section 39394 of the Education Code decline a 'school district's offer to sell or lease school property pursuant to Article 5 (commencing with Section 39390) of Chapter 3 of Part 23 of the Education Code, the city or county having zoning jurisdiction over the property shall , upon request of the school district, zone the school site as defined in Section 39392 of the Education Code, consistent with the provisions of the applicable general and specific plans and compatible with the uses of property surrounding the school site. It* school site shall be given the same land use control treatment as if it were privately owned. In no event shall the city or county, prior to the school district's sale or lease of the school site, -rezone the site to open-space , park or recreation, or similar designation unless the adjacent property is so zoned, or if so requested or agreed to by the school district. A rezoning effected pursuant _ to this section shall be subject to any applicable procedural requirements of state law or of the city or county. A school district which requests a zoning change pursuant to this section shall, in the fiscal year in which the city or county incurs costs in effecting the requested zoning change, reimburse the city or county for the actual costs incurred by it. (Pdded by Stats. 1985, Ch.822.) Zoning agent 65853. A zoning ordinance or an amendment to 3 procedures zoning ordinance, which amendment changes any property from one zone to another or imposes any regulation listed in Section 65950 not theretofore imposed or removes or :modifies any such regulation theretofore imposed shall be adopted in the mariner set forth in Sections 65854 to 65857, inclusive. Any other amendment to a zoning ordinance may be adopted as other ordinances are adopted. When the legislative body has requested the planning commission to study and report upon a zoning ordinance or amendment which is within the gscrape of this section and the planning commission fails to act upon such request within a lc 105 reasonable time, the legislative body may, by written notice, require the planning commission to render its report within 40 days. Upon. receipt of the written notice the planning commission, if it has not done so, shall conduct the public hearing as required by Section 65854 . Failure to so report to the legislative body within thze above time period shall be deemed to be approval of the proposed zoning ordinance or %amendment to a zoning ordinance. (Amended by Stats. 1972, Cli. 384.) Notice and hearing by 65854. The planning commission shall hold a planning - mission pu= is hearing on the proposed zoning ordinance or amendment to a zoning ordinance. Notice of the hearing shall be given pursuant to Section 65090 and , if the proposed ordinance or amendment to a zoning ordinance affects the permitted uses of real property , notice shall also be given pursuant to Section 65091. (Amended by Stats. 1975, Ch. 249 [effective July 9, 19751 ; Stats. 1984, Ci. 1009.) (Section 65854.5 repealed by Stats. 1984 , Ch. 1009.) planning commission 65855 . After the nearing , the planning reccmnendation to commission shall render its decision in the `orm legislative body of a written recommendation to the legislative body. Such rec r ,ner:dation shall include the reasons for the reccanerl-ation, the relationship of the proposed Ordnance or amendment to applicable general and specific plans, and shall be transmitted to the legislative body in such form and manner as may be specified by the legislative body. (Amended by Stats . 1972, Ch. 639. Effective August 9, 1972.) Notice and hearing 65856. (a) Upon receipt of the recommendation by legislative body of the planning commission, the legislative body shall hold a public hearing . However , if the matter under consideration is an amendment to a zoning ordinance to change property from one zone to another, and the planning commission has recommended against the adoption or such amendment , the legislative body shall not be required to take any further action on the amendment unless otherwise provided by ordinance or unless an interested party requests a hearing by filing a written request with the clerk of the legislative body within five days after the planning commission files its recommendations with the legislative body. (b) Notice of the hearing shall be given G, pursuant to Section 65090. t 106 t Gar ORDINANCE NO. 2864 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING NEW SECTION 9801 . 4 ENTITLED "REDEVELOPMENT PROJECT AREA" TO CHAPTER 98 . The City Council of the City of Huntington Beach does ordain as follows : SECTION 1 . The Huntington Beach Ordinance Code is hereby amended by adding hereto new section 9801 .4 to Chapter 98 to read as follows: SECTION 9801 .4 REDEVELOPMENT PROJECT AREAS: Notwithstanding any other provision of this code, applications for conditional exceptions , conditional use permits , zone changes , or other entitlements on properties within a redevelopment project area may be filed by the Redevelopment Agency without the consent of the property owner; provided however , that consent of the property owner shall be obtained prior to any development under such entitlement . SECTION 2 . This ordinance shall take effect thirty days after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of September , 1986 . Mayor Pro Tem. ATTEST: PPROVED AS TQ FORM City Clerk Ci y Attorney r REVIE APPROVED: I TIATED AND APPR City Adminis ator p Administrator i C No. 2864 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the 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 adjourned meeting thereof held on the 10th day of September 19 86 , and was again read to said City Council at a regular meeting thereof held on the 15th day of September , 19 86 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Kelly, MacAllister, Finley, Bailey, Green, Thomas NOES: Councilmen: None ABSENT: Councilmen: ' Mandic City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ®• CITY. OF HUNTINGTON BEACH CA 86-80 COUNCIL ADMINISTRATOR COMMUNICATION HUNTINGTON BEACH To Honorable Mayor and From Charles W. Thompson, City Council Members City Administrator Subject AMENDMENT TO THE HUNTINGTON Date August 18, 1986 f BEACH ORDINANCE CODE ALLOWING b THE REDEVELOPMENT AGENCY TO FILE FOR ENTITLEMENTS ON BEHALF OF �e oh PROPERTY OWNERS FOR DEVELOPMENT PROJECTS WITHIN REDEVELOPMENT PROJECT AREAS yes Ito The proposed code arendment is intended to initiate a procedural modification to Division Nine which will allow the Redevelopment Agency to file for entitlement applications on behalf of the property owner This modification will allow the Agency to process the appropriate entitlement application before the Planning Commission prior to the completion of all the land acquisitions. At the present, the Agency must wait until all of the property owners within a project site consent to authorize the submittal of an entitlement application. The problem created is that formal input and public hearings before the Planning Commission cannot take place in a timely fashion. The code amendment would allow the Commission to review and take action on redevelopment projects at an early point in the process. The ordinance would not circumvent in any way the rights of private property owners since prior to issuance of any building permits for the project acquisition and/or consent would have to be obtained. Staff recommends that the City Council introduce this ordinance for the first reading at tonight's meeting. Respec - ly submitted, arles W. Thompson, City Administrator CW T/M A:lp Attachment 2768h ORDINANCE NO. 044q AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING NEW SECTION 9801 . 4 ENTITLED "REDEVELOPMENT PROJECT AREAS' . TO CHAPTER 98 The City Council of the City of Huntington Beach does ordain as, follows : SECTION 1 . The Huntington Beach Ordinance Code is hereby `amended by, adding hereto new section 9801 . 4 to Chapter 98 to read as follows : SECTION 9801 . 4 REDEVELOPMENT PROJECT AREAS : Not- withstanding any other provision of this code, applications for conditional exceptions , conditional use permits , zone changes , or other entitlements on properties within a redevelopment project area may be filed by'- the Executive Director of the Redevelopment Agency or his designee without the consent of the property owner ; provided however , that consent of the property owner shall be obtained prior to any development under such entitlement . SECTION 2 . This ordinance shall take effect thirty days after its passage . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day, of , 1986 . Mayor ATTEST: APPROVED AS TO FORM: City Clerk - e City Attorney cc c't' REVIEWED AND APPROVED: INITIATED AND APPROVED City Administrator Deputy City Administrator Redevelopment REQUE* FOR CITY COUNCIL ACTION Date September 2, 1986 Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administrator ��-�'� Prepared by: James W. Palin, Director, Development Services 0 Subject: CODE AMENDMENT NO. 86-29 Consistent with Council Policy? [ ] Yes New Policy or Exception �86 Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: At the August 18, 1986 City Council meeting the City Council had the first reading of Code Amendment No. 86-29. Subsequently, the Planning Commission held a public hearing on the code amendment on August 26, 1986. The proposed code amendment would add a new provision to allow the Executive Director of the Redevelopment Agency to file_ for entitlements on behalf of the proper owners for development projects within a redevelopment project area. RECOMMENDATION: The Planning Commission action and recommendation on August 26 , 1986 : ON MOTION BY LIVENGOOD, SECOND BY ERSKINE, CODE AMENDMENT NO. 86-29 WAS DENIED WITH FINDINGS BY THE FOLLOWING VOTE: AYES: Rowe, Winchell, Schumacher , Livengood, Erskine, Porter , Mirjahangir NOES: None ABSENT: None ABSTAIN: None FINDINGS FOR DENIAL: 1 . Reduces the time for property owners to review and respond to proposed projects within their areas . 2 . Provides inadequate notification of property owners to proposed projects within redevelopment project areas . 3 . Does not support the Council ' s/Redevelopment Agency' s requirements , as outlined in the Redevelopment Plan, to obtain the consent and support of 60% of the property owners owning 60% of .the property in the Downtown Redevelopment Project Area. �i PIO 4/84 4 . Inadequate analysis and assessments of potential impacts . 5. Unnecessary granting of power to the Executive Director of the Redevelopment Agency. Staff ' s recommendation is for the City Council to approve Code Amendment No. 86-29 and adopt Ordinance No. 2864. ANALYSIS: The proposed code amendment would provide greater flexibility for the Planning Commission to review, at an early date, proposed developments in redevelopment project areas prior to final negotiations and acquisition of property for the development site . The Planning Commission expressed concern regarding the proposed code amendment . They cited Section 65854 of the Government Code regarding a public hearing before the Planning Commission prior to an amendment to a zoning ordinance . They also cited Section 65091 regarding notification of public hearings . Attached is Section 65853 of the Government Code which discusses the zoning amendment procedures . It states the procedure to be followed for zoning ordinances which will change an area from one zone to another zone or imposes regulations listed in Section 65850 (which regulates development standards ) . It further states that "Any other amendment to a zoning ordinance may be adopted as other ordinances are adopted. Ordinance 2864 is an amendment to the administrative procedures of the zoning ordinance, therefore, pursuant to Section 65853 does not require a public hearing before nor a recommendation . from the Planning Commission prior to council adoption. Therefore, the code amendment was sent to to Planning Commission for review and recommendation to the City Council as a courtesy and was not mandatory. ENVIRONMENTAL STATUS: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act . FUNDING SOURCE: Not applicable. ALTERNATIVE ACTION: Modify ordinance as desired . ATTACHMENTS: 1 . Ordinance No. 2864 2. Planning Commission staff report dated August 19, 1986 3 . Section 65853, 65854, 65090 and 65091 of the Government Code JWP: FW: kla RCA - 9/2/86 -2- (6084d ) huntington beach development services department STAf f EPO TO: Planning Commission FROM: Development Services DATE: August 19, 1986 SUBJECT: CODE AMENDMENT NO. 86-29 APPLICANT: City of Huntington Beach REQUEST: To amend Article 980 of the Huntington Beach Ordinance Code to add a new provision to allow the Redevelopment Agency to file for entitlements on behalf of property owners for development projects within redevelopment project areas 1 .0 SUGGESTED ACTION: Approve Code Amendment No. 86-29 and recommend adoption by the City Council . 2. 0 GENERAL INFORMATION: Code Amendment No. 86-29 is being processed at the request of the Redevelopment Department to streamline the approval process of redevelopment projects where not all land has been acquired or consolidated for the development site. 3. 0 ENVIRONMENTAL STATUS: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act. 4. 0 ANALYSIS: The proposed code amendment is, intended to eliminate an existing constraint on the approval timeline for redevelopment projects. It would allow the agency to process the appropriate entitlement application before the Planning Commission prior to the completion of all the land acquisition. At the present, the agency must wait until all . of the property owners within a project site consent to authorize the submittal of an entitlement application. The problem created is that formal input and public hearings before the Planning Commission cannot take place in a timely fashion. The code amendment would. C® 1 A-FM-83A allow the Commission to review and take action on ,redevelopment projects at an early point in the process . The ordinance would not circumvent in any way the rights of private property owners since prior to issuance of any building permits for the project acquisition and/or consent would have to be obtained. ATTACHMENTS: 1 . Draft Ordinance JWP:JA: jr (5276d) Staff Report - 7/15/86 -2- (5276d) i ORDINANCE NO. S AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING NEW SECTION 9801 . 4 ENTITLED "REDEVELOPMENT PROJECT AREAS" TO CHAPTER 98 The City Council of the City of Huntington Beach does ordain as follows : SECTION 1 . The Huntington Beach Ordinance Code is hereby amended by adding hereto new section 9801.4 to Chapter 98 to read as follows : SECTION 9801 .4 REDEVELOPMENT PROJECT AREAS: Not- withstanding any other provision of this code, applications for conditional exceptions, conditional use permits, zone changes, or other entitlements on properties within a redevelopment project area may be filed by the Executive Director of the Redevelopment Agency or his designee without the consent of the property owner ; provided however , that consent of the property owner shall be obtained prior to any development under such entitlement . SECTION 2 . This ordinance shall take effect thirty days after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 1986. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED City Administrator Deputy City A ministrator Redevelopment Projects for maintenance, rehabilitation, and reconstruction shall not be included in the regional transportation improvement program. The regional transportation improvement programs shall be consistent with guidelines established by the commission pursuant to Section 14532 and may not exceed , for local assistance projects, by more than 25 percent, the estimate of funds for those projects provided by the commission pursuant to Section 14525, except as provided in Section 14527. The regional transportation improvement program may be used to meet federal planning requirements where appropriate. (Amended by Stats. 1981, Ch. 541. Effective September 17, 1981.) County transportation 65084 . In order to insure coordinated director planning , development , and operation of transportation systems of all types and modes , the board of supervisors of each county may appoint a county director of transportation, and specify the extent of the responsibilities of such officer. (Added by Stats. 1972, Ch. 1253. Effective July 1, 1973.) Designation of county 65085. The board of supervisors may designate `✓ employ as director any county officer who is properly qualified to serve as the county director of transportation. (Added by Stats. 1972, Ch. 1253. Effective July 1, 1973.) Chapter 2.7. Public Hearings (Chapter 2.7 added by Stats. 1984, Ch. 1009.) Notice of hearing 65090. (a) When a provision of this title requires notice of a public hearing to be given pursuant to this section , notice shall be published pursuant to Section 6061 in at least one newspaper of general circulation within the jurisdiction of the local agency which is conducting the proceeding at least 10 days prior to the hearing, or if there is no such newspaper .of general circulation, the notice shall be posted at least 10 days prior to the hearing in at least three public places within the jurisdiction of the local agency. (b) The notice shall include the information specified in Section 65094. (c) In addition to the notice rc.:;uired by this section, a local agency :may give notice of the hearing in any other manner it deems necessary or desirable. (Added by Stats. 1984, Ch. 1009.) 37 Notification procedures 65091. E (a) When a provision of this title requires notice of a public hearing to be giver, pursuant to this section, notice shall be given in all of the following ways: (1) Notice of the hearing shall be :nailed or delivered at least 10 days prior to the hearing to the owner of the subject real property or the owner's duly authorized agent, and 'Co the project applicant. (2) Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to each local agency expected to provide water , sewage, streets , roads , schools , or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected. (3) Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. In lieu of utilizing the assessment roll, the local agency may utilize records of the county assessor or tax collector which contain more recent information than the assessment roll. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph or paragraph (1) is greater than 1,000, a local agency, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the local agency in which the proceeding is conducted at least 10 days prior to the hearing. ( 4) If the notice is mailed or delivered pursuant to paragraph (3) , the notice shall also either be: (A) Published pursuant to Section 6061 in at least one newspaper of general circulation within the local agency which is conducting the proceeding at least 10 days prior to the hearing. (B) Posted at least 10 days prior to the hearing in at least three public places within the boundaries of the local agency, including one public place in the area directly affected by the proceeding. (b) The notice shall include the information specified in Section 65094.. (c) In addition 'Co the notice required by this section, a local agency may give notice of the hearing in any other manner it deems necessary or desirable. (Added by Stats. 1984, Ch. 1009. Amended by Stats. 1985, Ch. 1199.) 38 permitted on adjacent property.; It is further the intent of the Legislature to expedite the process of zoning such property to avoid unnecessary costs and delays to the school district; however, school districts shall be charged for the administrative costs of such rezoning. (b) If all of the public entities enumerated in Section 39394 of the Education Code decline a school district's offer to sell or lease school property pursuant to Article 5 (cemmtencing with Section 39390) of Chapter 3 of Part 23 of the Education Code, the city or county having zoning jurisdiction over the property shall , upon request of the school district, zone the school site as defined in Section 39392 of the Education Code, consistent with the provisions of the applicable general and specific plans and compatible with the uses of property surrounding the school site. The school site shall be given the same lane] use control treatment as if it were privately awned. In no event shall the city or county, prior to the school district's sale or lease of the school site, rezone the site to open-space , park or recreation, or similar designation unless the adjacent property is so zoned, or if so requested or agreed to by the school district. A rezoning effected pursuant to this section shall be subject to any applicable procedural requirements of state law or of the city or county. A school district which requests a zoning change pursuant to this section shall, in the fiscal year in which the city or county incurs costs in effecting the requested zoning change, reimburse the city or county for the actual costs incurred by it. (Added by Stats. 1985, Ch-822.) Zoning went 65853. A zoning ordinance or an amendment to a i procedures zon ng o dinance, which amendment changes any property from one zone to another or imposes any regulation listed in Section 65950 not theretofore imposed or removes or modifies any such regulation theretofore imposed shall be adopted in the manner set forth in Sections 65854 to 65857, inclusive. Any other amendment to a zoning ordinance may be adopted as other ordinances are adopted. When the legislative body has requested the planning commission to study and report upon a zoning ordinance or amendment which is within the scope of this section and the planning commission fails to act upon such request within a 105 reasonable time, the legislative body may, by written notice, require the planning commission to render its report within 40 days. Upon receipt of the written notice the planning commission, if it has not done so, shall conduct the public nearing as required by Section 65854. Failure to so report to the legislative body within the above time period shall be deemed to be approval of the proposed zoning ordinance or amendment to a zoning ordinance. (Amended by Stats. 1972, Ch. 384.) Notice and hearing by 65854. The planning commission shall hold a planning emission publ i c hea r i ng on the proposed zon i ng ordinance or amendment to a zoning ordinance. Notice of the hearing shall be given pursuant to Section 65090 and , if the proposed ordinance or amendment to a zoning ordinance affects the permitted uses of real property, notice shall also be given pursuant to Section 65091. (Amended by Stats. 1975, Ch. 249 [effective July 9, 1975].; Stats. 1984, Ch. 1009.) (Section. 65854.5 repealed by Stats. 1984 , Ch. 1009.) Planning emission 65855. After the hearing , the planning recommendation to commission shall render its decision in the form legislative body of a written recommendation to the legislative body. Such recommendation shall include the reasons for the recommendation, the relationship of the proposed ordinance or amendment to applicable general and specific plans, and shall be transmitted to the legislative body in such form and manner as may be specified by the legislative body. (Amended by .Stats. 1972, Ch. 639. Effective August 9, 1972.) Notice and hearing 65856. (a) Upon receipt of the recommendation by legislative body of the planning commission, the legislative body shall hold a public hearing . However , if the matter under consideration is an amendment to a zoning ordinance to change property from one zone to .another, and the planning commission has recommended against the adoption of such amendment, the legislative body shall not be required to take any further action on the amendment unless otherwise provided by ordinance or unless an interested party requests a hearing by filing a written request with the clerk of the legislative body within five days after the planning commission files its recommendations with the legislative body. (b) Notice of the hearing shall be given pursuant to Section 65090. 106 I ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING NEW SECTION 9801. 4 ENTITLED "REDEVELOPMENT PROJECT AREAS" TO CHAPTER 98 The City Council of the City of Huntington Beach does ordain as follows: SECTION 1. The Huntington Beach Ordinance Code is hereby amended by adding hereto new section 9801. 4 to Chapter 98 to read as follows: SECTION 9801. 4 REDEVELOPMENT PROJECT AREAS : Notwith- standing any other provision of this code, applications for conditional exceptions , conditional use permits , zone changes, or other entitlements on properties within a redevelopment project area may be filed by the Chief Executive Officer of the Redevelopment Agency or his designee without the consent .of the property owner; provided however, that consent of the property owner shall be obtained prior to any development under such entitlement. SECTION 2 . This ordinance shall take effect thirty days after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of 1986 . Mayor ATTEST: APPROVED AS TO FORM: i City Clerk D1tv t me REVIEWED D APPROVED: I TIATED AND PROVED: Administrator Deptty ACMinistrator CITY OF HUNTING TON tEACH COUNCIL - ADMINISTRATOR COMMUNICATION HUNTINGTON BEACH To Honorable Mayor and From Charles W. Thompson, City Council Members City Administrator Subject CODE AMENDMENT 96-29 Date September 9, 1986 The Planning Commission, at its meeting of August 26, 1986, recommended denial of Code Amendment 86-29 which would add a new provision to the Ordinance Code enabling the Chief Executive Officer of the Redevelopment Agency to file applications for project entitlements within a redevelopment project area. The Planning Commission's actions related to five (5) findings for denial, and the following is a list of those findings and staff's response to each area of concern: 1. Reduces the time for property owners to review and respond to proposed projects within their areas. The proposed Code Amendment will allow individual property owners additional time to review and respond. to a specific project that would affect them as a property owner. The filing of an application for a conditional exception, conditional use permit, or other entitlements would serve to remove none of the existing notification requirements for public hearing. It will also provide property owners directly affected by the project, should it ultimately be constructed, as well as adjacent property owners that would be impacted by the project's implementation the opportunity to comment and provide input at a much earlier date than would otherwise be possible. 2. Provides inadequate notification of property owners to proposed projects within redevelopment project areas. The proposed code amendment would not alter in any way the existing notification requirements under the Ordinance Code for entitlement hearings. Again, as indicated above, but would allow entitlement hearings to be held earlier in the process to maximize public input on a specific plan for development. 3. Does not support the Council's/Redevelopment Agency's requirements, as outlined in the Redevelopment Plan, to obtain the consent and support of 60% of the property owners owning 60% of the property in the Downtown Redevelopment Project Area. The Agency's current requirement of two-thirds (2/3) of the property owners owning two-thirds of the property to agree to the redevelopment project prior to the Agency entering into a Disposition and Development Agreement, requires that the developer initiate discussions and property acquisitions with the affected property owners at a very early stage of project development. This procedure provides for an additional mechanism of advance notification for the planning entitlement portion of a project within a redevelopment area. C Honorable Mayor and City Council Members September 9, 1986 Page Two 4. Inadequate analysis and assessments of potential impacts. Staff's analysis is that this mechanism would serve to provide for enhanced communication with the property owners as well as adjacent property owners in a public hearing forum. Our analysis is that the developer who is granted authorization to file for such an application is the one placed at risk, in terms of the cost of preparing the necessary site plans and related application documents, without having assurance that they will be able to move forward with the implementation of that project. Section 9801.4 requires that the consent of the property owner shall be obtained prior to any development occurring under such entitlement. The developer, therefore, would be unable to obtain the necessary building permits to move forward with the projects implementation without property owner approval. 5. Unnecessary granting of power to the Chief Executive Officer of the Redevelopment Agency. The proposed code amendment is designed as a means to gain maximum public input including all affected property owners prior to property acquisitions. We are informed by Agency counsel, Stradling, Yocca, Carlson, & Rauth that most redevelopment agencies that they deal with have a procedure incorporated within the redevelopment plan that allows the Agency to process design overlays and specific redevelopment proposals prior to final negotiations being reached with individual property owners. In summary, the code amendment as proposed will in no way reduce or alter the notification process in terms of formal entitlement hearings. The same notification as is currently provided will continue to be provided under the code amendment as proposed. What in affect will occur with the City Council's adoption of Ordinance No. 2864 will be to enable an earlier review of a specific entitlement proposal by all interested parties, including the property owners, at a formal public hearing. The time and costs associated with preparing such an entitlement will be the responsibility of the developer who has requested the processing of such an entitlement. Staff would be happy to answer any questions you may have as a part of your consideration of this matter at your regular adjourned meeting of September 10, 1986. Respe ubmitted, Charles W. Thompson City Administrator CWT/DLB:sar Attachments 2790h PLANNING ADMINISTRATION S. 9840 ARTICLE 984 CONDITIONAL USE PERMITS (15639 1847 - 6/73, 2441 - 8/80) S. 9840 CONDITIONAL USE PERMITS. INTENT AND PURPOSE. Conditional use �— permits, rev oca ie, conditional, or valid for a time period, may be issued for any use or purple for which a plan is required or permitted under the provisions of Division 9 of, the Huntington Beach Ordinance Code. The procedure contained-im- is article is directed toward insuring the best and most appropriate use of property, s contemplated by the Master Plan of Land Use. Such uses shall not be detrimenta the value of property or improvements, or to the general health, we re, safety and convenience of a neighborhood or the city as a whole. (1563; 847 - 6/73) S. 9841 APPLICATIONS. The Planning Commission shall prescribe the form and scope of applications and necessary accompanying data. S. 9841.1 FILING. Applications for approval of a conditional use permit shall be filed with the Planning Department by the owner of the property or the property owner's authorized agent. I applicant is not the property owner, a letter from the property owner a orizing the agent to act in his behalf shall accompany such application. ( 3, 1847 - 6/73) S. 9841.2 Filing Fee. At the time the application is filed the applicant shall pay a fee set by resolution of the City Council. (2441 - 8/80) S. 9841.3 Public Hearing. After notice is given, pursuant to provisions contained in Article 987 public hearing shall be held by the Planning Commission prior to taki action on any conditional use permit application. (1563, 1847 - 6/73) S. 9841.4 Denial by Planning Commission. The Planning Commission may deny any application if it finds any one of the following: (a) That the proposed use has a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood, or is detrimental to the value of the property and improvements in the neighborhood; or (b) The proposed use is not contemplated under the Master Plan of Land Use; or (c) The proposed use is not compatible with existing or other proposed uses in the neighborhood; or (d) The location, site layout, and design of the proposed use does not properly adapt the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner; or (e) The combination and relationship of one proposed use to another on a site are not properly integrated; or 8/7/80 U 1 F® CITY C UNCot— ACTION ®aft September 2, 1986 SubmirW to: Honorable Mayor and City Council s Charles W. Thompson, City Administrator u'�( SubmitW by: A� James W. Palin, Director , Development Services Prepared by: � CODE AMENDMENT NO. 86-29 Subject: ' Consistent with Council Policy? ( ] Yes New Policy or Exceptionr�G Statement of Issue, Recommendation, Analysis, Fundinq Source, Alternative Actions. Attachments: � J STATEMENT OF ISSUE: At the August 18 , 1986 City Council meeting the City Council had the first reading of Code Amendment No . 86-29. Subsequently, the Planning Commission held a public hearing on the code amendment on August 26 , 1986 . The proposed code amendment would add a new crovision to allow the Executive Director of the Redevelopment Agency to file for 'ent'i.tlements on behalf of t:�e grocer owners for development projects within a redevelopment project area . RECOMMENDATION: planning Con;nission action and recommendation on August 26 , 1986 : CN MOTiCN 3Y LiVE:iG00D, SECOND BY ERSKINE, CODE AMENDMENT NO . 86-29 WAS DENIED WITH FINDINGS BY THE FOLLOWING VOTE: AYES: Rowe, Winchell, Schumacher , Livengood, Erskine , Porter , Mirjahangir NOES: None ABSENT: None ABSTAIN: None FINDINGS FOR DENIAL: 1 . Reduces the time for property owners to review and respond to proposed projects within their areas . 2 . Provides inadequate notification of property owners to proposed projects within redevelopment project areas . 3 . Does not support the Council ' s/Redevelopment Agency' s requirements , as outlined in the Redevelopment Plan, to obtain the consent and support of 60% of the property owners owning 60% of the property in the Downtown Redevelopment Project Area. i 4 . Inadequate analysis and assessments of potential impacts. 5. Unnecessary granting of power to the Executive Director of the Redevelopment Agency. Staff° s recommendation is for the city Council to approve Code Amendment No. 86 29 and adopt 4. ANALYSIS: The proposed code amendment would provide greater flexibility for the Planning Commission to review, at an early date, proposed developments in redevelopment project areas prior to final negotiations and acquisition of property for the development site . The Planning Commission expressed concern regarding the proposed code amendment . They cited Section 65854 of the Government Code regarding a public hearing before the Planning Commission prior to an amendment to a zoning ordinance . They also cited Section 65091 regarding notification of public hearings . Attached is Section 65853 of the Government Code which discusses the zoning amendment procedures . It states the procedure to be followed for zoning ordinandes `4^` . sill change an area frcm one zone to another zone or i poses' regulations listed in Section 65850 (which :egu' ates deve_ocment standards ) . it fur-:her s=aces that °any otter ^e adopted as other crdinar.ces amendmen�: to a zcni^c ordinance mad _ are adocted . Crdinance 3364 is an amendment to the administra.ive procedures of tine zoning ordinance , th erefcre , cursuant to Section 65853 does not rea_uire a public hearing before nor a recommendation from t:-e Planning Commission prior to council adoption . Therefore , the code amendment was sent to to Planning Commission for review and recommendation to the City Council as a courtesy and was not :mandatory. E:iVi-'4ONMENTAL STATUS : The proposed project is categorically exempt from the provisions of the California Environmental Quality Act . FUNDING SOURCE: Not applicable . ALTERNATIVE ACTION: Modify ordinance as desired . ATTACHMENTS: 1 . Ordinance No. 2864 2. Planning 65mmis ion staff 090eandt65091dofu the tGovernment Code 3 . Section , V JWP: FW:kla �i (6084d ) .� RCA - 9/2/86 -2- htntkWon Bch dedel®pMent 66"I"e depertmsnt STJ fOR FTO: Planning Commission PROM: Development -Services DATE: August 19, 1986 SUBJECT: CODE AMENDMENT NO. 86-29 APPLICANT: City of Huntington Beach REQUEST: To amend Article 980 of the Huntington Beach Ordinance Code to add a new provision to allow the Redevelopment Agency to file for entitlements on behalf of property owners for development projects within redevelopment project areas 1 .0 SUGGESTED ACTION: Approve Code Ammendmenr No . 86-29 and recommend adoption by the City Council . Ir 1Nr0RMA 2 . 0 GLN.'.:t.X 'TION : Code Amendment No . 86-29 is being processed at the request of the Redevelopment Department" to notaallnlandthe haspbeenlacquired orocess r redevelopment prod consolidated for the development site. 3 . 0 ENVIRONMENTAL STATUS: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act . I 4 . 0 ANALYSIS: The proposed code amendment is intended to eliminate an exis tangoj . It constraint on the approval timeline fo would allow the agency to process the appropriate entitlement application before the Planning Commission riorhe to the completiontof all the land acquisition. At present, all . of the property owners wia a project site Theconsent problemtcreatedrise the submittal of an entitlementapplication. that formal input and public hearings before the Planning Commission cannot take place in a timely fashion. The code amendment would C- l -I .._-_ -� �._.sue«•,► - - •• _ .�4 _ - _.�•/ IL .--• .. '•5 ZVI allow the Commission to review and take action on redevelopment projects at an early point in the process. The ordinance would not circumvent in anyway the rights of private property owners since prior to issuance of any building permits for the project acquisition and/or consent would have-to- be obtained. ATTACHMENTS 1. Draft Ordinance JWp:JA: jr 2*(5276d) t �� Staff Report - 7/15/86 -2- ORDINANCE NO. �( = AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH a ORDINANCE CODE BY ADDING NEW SECTION 9801.4 ENTITLED "REDEVELOPMENT PROJECT AREAS" TO CHAPTER 98 The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Ordinance Code is hereby amended by adding hereto new section 9801. 4 to Chapter 98 to read as follows: SECTION 9801. 4 REDEVELOPMENT PROJECT AREAS : Notwith- standing any other provision of this code, applications for conditional exceptions , conditional use permits , zone changes, or other entitlements on properties within a redevelopment project area may be fildd by the 1 Redevelopment Agency without the consent of the property owner; provided however , that consent of the property owner shall be obtained prior to any development under such entitlement. SECTION 2 . This ordinance shall take effect thirty days after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of 1986 . Mayor ATTEST: APPROVED AS TO FORM: k�mf J7 City Clerk ity t me REVIEWED PROVED: I TIATED AND PROVED: Depu y inis ra or Administrator projects for mainter..mmca, rehabilitation, and reconstruction shall nct be included in the regional transpertaticn improvement program. The regional transportation improvement programs shall re consistent with guidelines established by the ca nissicn pursuant to Section 14532 and may not exceed , for local assistance projects, by more than 25 percent, the estimate of funds for thcse rco;ec_s provided by the ccmission pursuant to Section 14525, except as provided in Section 14527 . The re- ion31 transportation improverent program :nay be .:sed to meet federal planning :equi :e:nents whe: e appropriate. (Ana)ded by Stats . 1931, Ch. 541. Effective September 17, 1981.) sty transportation 65084 . In orde: to insure coord inatad director planning , d_­velopcnenr. , and operation o: transportation systems of all ty_es and modes, the board of superviso:s of each county :nay appoint a county director of t:ansportation, and specify the extent of •-he resconsibil ities ` such officer . - (Added by Stars . :252. ?f`a-ct-'ie .;uly 1, 1973.) Designation of ccmty 65085. :te zca:d o- suxr-iiscrs Tay des_g a:a �- employee as director any ccL:r.ty f-`cer IS ^ce:ly quaff i f iei to Be=ve as t-^e ,C-our.t.; di=y_or of tz3nsportaticn. (Added by Stars . _372, Ch. 1252•July 1,1, 1973.) Csapter 2.7. Public Hearings (C•.apter 2.7 added by St3ts. 1984, C:. 1CC9.) Notice of hearing 65090. (a) When 3 provision of th_s tit:a requires notice of a :Dubl:c `nearing to be givers pursuant to this section , notice sha: : be published pursuant to Section 6061 in at least one ne%spaper of general circulation within the jurisdiction of the loci: agency •mica is corr:ucting the proceediN at least 10 days pc _o: to the aeariN, or if taere is no such nelmsc_aser of gene:al circulation , t-ne notice sag : - De posted at least 10 days prior to the '-ea:_ng :n at least three public places within sae jurisdiction of the local age^.cy. (b) T.',* notice shall include the information specified in Section 65094. (c) In addition to the notice rc Vi:ed by this section, a local agency may give notice of the hearing in any ottier marr - it deems necessary or Gdesirable. C . (wed by Stats. 1984, Ch. 1009.) 37 motification procedures 65091. (a) When a provision of this title zecu:.es :Notice of a public hearing to be give-, pursuant to this section, notice shall be given in all of the follcwing ways: (1) Notice of the hea.ing shall be mailed or delivered at least 10 days prior to t.,,:e hearing to the owner of the sub;ect real pc�perty or t`.e owner's duly 3uthcrized agent, .and to the protect acplicant. (2) %'ccice of the hearing shall be nailed :�: del ive:ed at least 10 days prior to :he hear.ng to each local agency expectcd to provide water , sewage , streets , roads , schools , or other essential facilities oc services to the pco jest , whose ability to provide those facilities and services may be significantly affected. ( 3) Notice of the hearing shall be nailed -or delivered at least 10 dais prior to the `.ea::ng to all owners of real p:op<rty as shcwn on the latest equalized assessron.t roil within ?QO F_Jt of the zeal propzty that is the subject of the near.rg . in lieu of utilizing the assessmenz z:.,L 1, the local agency :,ay utilize records ccf --6-.e county assessor or tax :hector idhichl zcnza..; hole recent informaticn than t.'-e assessTenzz roll. if the nuni:er or. cwrers to wncm nozice •could ze .;wiled or delivered =:rsi:_-nt to this a:34gz3p;: or pdrag_aC^. ( 1) .s ?re.3t?r t:ian _, ;CQ, 3 :eC3 : agency, :n _:?1 of ma . led or zle-= '!e:et3 M.1V ?r0'l :d ' notice by plaC : :i-:, a d : 5� 13'J ad1ler1:i3=_1nent cr at least ore-elg.nt.^. ca-Ce at least cre .newspaper of gcreral c1rculat:cr. the kcal agency in which the proceeding :s =nducted at least 10 days prior to the `-ear ing. ( 4 ) is the notice is nailed or delivered pursuant to pd:a5:azh, (3) , t:ne notice s::a11 also either be: (A) pursuant to Section 5051 in at least one :kwspaper oz general ci:culaticn 'dithin the local agency which is conducting th..? Ccec _'d rg at least :u days prior to the dear ing. (3) Pcsted a: least 10 days prior to t.". :'fearing In 3t least :!-::ee =ubllc places within the bo TLdr yes of t.� local agency, . 11-e-i :g c e public - ace :n w.e area directly a:_`ected �y p roce-_-4 i rg. (b) he not ice shall include the information specified in Section 65C94. (c) In addition to Notice required by this section, a local agency may give notice of the hearing in any other manner it deems necessary or desirable. (Added by Stats. 1984, Ch. 1009. hrmar4ed by Stats. 1985, Ch. 1199.) 38 1 permitted on adjacent property. It is further the intent of the Legislature to expedite the process of zoning such property to avoid unnecessary costs and del•gys to the school district; however, school districts shall be charged for the administrative costs of such rezoning. (b) If all of the public entities enumerated •.in Section 39394 of the Eduction Code decline a 'school district's offer to sell or lease school property pursuant to Article 5 (commencing with Section 39390) of Chapter 3 of Part 23 of the Education Code, the city or county having zoning jurisdiction over the property shall , upon request of the school district, zone the school site as defined in Section 39392 of the Education Code , consistent with the provisions of the applicable general and specific plans and compatible with the uses of property surrounding the school site. 'Te school site shall be given the same land use control treatsvent as if it were privately owned. In no event shall the city or • county, prior to the school district's sale or lease of the school site, rezone the site to open-space , park or recreation, or similar designation unless the adjacent property is so zoned , or if so requested or agreed to by t-Ae school district. A rezoning effected pursuant to this section shall be subject to any applicable procedural requirements of state law or of the city or county. A school district which requests a zoning change pursuant to this section shall , in the fiscal year in which the city or county incurs costs in effecting the requested zoning change, reimburse the city or county for the actual costs inc=red by it. (added by Stats. 1985, 01.822.) Zoning amerdnent 65853. A zoning Ordinance or an _-an�jdmert to a dinance, which amendment changes any procedures zoning or property from One zone to another or imposes any regulation lister in Section 65950 not theretofore i.^;cosed or removes or :nod i f ies any such regulation theretofore imposed shall be adopted in the :canner set forth in Sections 65854 to 65357, inclusive. Any other amendment to a zoning ordinance may be adopted as other ordinances are adopted. When the legislative body has requested the planning commission to study and report upon a zoning ordinance or anent which is within the ® scope of this section and the planning camcission fails to act upon such request within a s ` 105 reasonable time, the legislative body may, by written notice, require the planning commission to render its report within 40 days. Upon receipt of the written notice the planning Commission, if it has not dwe so, shall conduct the public Nearing as required by Section 65854. Failure to so report to the legislative body within t'ue above time period shall be deemed to be approval of the proposed zoning ordinance or amendment to a zon:ng ordinance. (Mended by Stats. 1972, Ch. 384.) motice a-id hearing by 65854. The planning commission shall hold a planning commission public hearing on the proposed zoning ordinance or amendment to a zoning ordinance . Notice of the hearing shall be given pursuant to Section 65090 and , if the proposed ordinance or amendment to a zoning ordinance affects the permitted uses of real property , notice shall also be given pursuant to Section 65091. (Amended by Stats. 1975, Ch. 249 (e= c- 4.ve July 9, 1975 j ; Stats. 1984, Ch. 16009.) (Section 63854.5 :ecealed by Stats . 1994 , Ch. 1009.) planning CCMJS3iOn 65855 . after -e hea: .;ng , `ne oIanni ^.g rec=mendation to commission shall render its decision in tte `_c^► legislative body of a arrizten rec--rTnenda:ion to t-.e legislative body . Suc-A :eco=nendation s:.all include the reasons for the t.e _elaticns^ip o f the 7rc=osed o::I :na.^.ce o: 3.endmen_ to applicable general and specific plans, and shall be transmitted to t::e legislative body in such form and manner as may be so_ ecified by t::e legislative body. (hrended by Stats. 1972, Ch . 639. f1:?Ctig-3 August 9, 1972.) Notice and hearing 65856. (a) Cyan receipt of the recommend a t ion by legislative body of the planning car.►ission, the legislative body shall hold a public hearing . However , if the :natter under consideration is an amendment to a zoning ordinance to change property from one zone to another, and t�� planning permission has recommended against the adoption of suzh amendment, the legislative body shall not be required to take any further action on the amem±nen t unless othe:wise provided by ordinance or unless an interested party requests a hearing by filing a written request with the clerk of the legislative body within five days after the planning commission files its reccmmendatiors with the legislative body. (b) Notice of the hearing shall be given pursuant to Section 65090. 106