HomeMy WebLinkAboutCouncilmember Item - Councilmembers Semeta and Peterson - Reo^
LJ d
CITY OF HUNTINGTON BEACH
City Council Interoffice Communication
To: Honorable Mayor and City Council Members
From: Lyn Semeta, City Council Membe�
Erik Peterson, City Council Member
Date: September 11, 2017
Subject: CITY COUNCIL MEMBER ITEM FOR THE SEPTEMBER 18, 2017
CITY COUNCIL MEETING — REVIEW OF THE ZONING AND
SUBDIVISION MAP ORDINANCE
STATEMENT OF ISSUE:
The wording of certain provisions of the City's Zoning and Subdivision Map Ordinance
(ZSO) may add some confusion regarding the City's authority to enact and administer
its land use authority. There are certain vague and ambiguous references in the ZSO to
the California Government Code that may create confusion, suggesting that the City
must follow State law in certain respects for the City's local zoning. This is not true.
As a Charter City, Huntington Beach has always maintained its constitutionally provided
and protected broad local land use authority (flowing directly from the State
Constitution). This authority permits the City to impose certain local regulations, without
the need to reference or follow State law in all respects. To eliminate any confusion
regarding the City's authority, the ZSO should be analyzed and updated, if necessary,
to make it clear that we have, and will continue to exercise, our Constitutional Charter
City authority over local land use decisions.
RECOMMENDED ACTION:
We propose directing 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, including amendments necessary to eliminate any
confusion regarding the City's local authority over land use laws that are not otherwise
preempted by State Law.
Xc: Fred Wilson, City Manager
Robin Estanislau, City Clerk
Michael Gates, City Attorney
Scott Hess, Director of Community Development