HomeMy WebLinkAboutProposed Zoning Text Amendment 11-003 - Appeal of Planning C City ® f Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachea.gov
FB= a s ® Office of the City Clerk
1J 1909'
t ` Joan L. Flynn, City Clerk
NOTICE OF ACTION
April 19, 2012
City of Huntington Beach
Planning Department
2000 Main Street
Huntington Beach, CA 92648
Subject: Zoning Text Amendment No. 11-003 (PC Appeals)
Request: ZTA No. 11-003 represents a request to amend Section 248.28 of the HBZSO to
require an appeal fee when a zoning application is appealed by a Planning
Commissioner
On Monday, April 2, 2012 the Huntington Beach City Council conducted a public hearing to
consider an appeal filed by Council Member Joe Carchio of the Planning Commission's denial
of Zoning Text Amendment No. 11-003. The City Council voted to uphold the Planning
Commission's recommendation to deny Zoning Text Amendment No. 11-003 with a finding for
denial.
Page 5 of the April 2, 2012 Action Agenda and the Finding for Denial for Zoning Text
Amendment No. 11-003 are enclosed. If you have any questions regarding this matter, please
contact my office at (714) 536-5227.
Si cerely,
Joan L. Flynn, CIVIC
City Clerk
Encl. Page 5 -April 2, 2012 Action Agenda
ZTA 11-003 Finding for Denial
c: Scott Hess, Director of Planning and Building
Jill Arabe, Assistant Planner
Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand
FINDING FOR DENIAL
ZONING TEXT AMENDMENT NO. 11-003
FINDING FOR DENIAL -ZONING TEXT AMENDMENT NO. 11-003:
1, Zoning Text Amendment No. 11-003 to amend Chapter 248 of the Huntington Beach
Zoning and Subdivision Ordinance would eliminate the fee waiver for Planning
Commissioner's appealing Zoning entitlements. The amendment would limit public
participation through Planning Commissioner appeals, be inconsistent with
neighboring communities appeal fee waivers, and not have any impact on
streamlining the development review process. In addition, there has not been any
significant time charged based on abuse of the process by the Planning Commission
in the last five years.
Year 2011/12 based on the approved Enforceable Obligation Payment
Schedule (EOPS), and any other items as deemed necessary.
Approved 6-0-1 (Bohr absent)
PUBLIC HEARING
8. Approve Zoning Text Amendment No. 11-003 (Appeal of Planning
Commission's Denial - PC Appeals) amending Chapter 248 of the
Huntington Beach Zoning and Subdivision Ordinance (HBZSO) by
adopting Ordinance No. 3937
Planning Commission Recommended AGUOR (A);
Deny Zening^ Text Amendment Ale 11 003 with a Finding Fnr denial.
Staff Recommended Action (B):
Approve Zoning Text Amendment No. 11-003 with findings for approval, and
approve for introduction Ordinance No. 3937, "An Ordinance of the City of
Huntington Beach Amending Chapter 248 of the Huntington Beach Zoning and
Subdivision Ordinance Code Relating to Appeals."
2 Speakers
Failed 2-4-1 (Shaw, Hansen, Dwyer, Boardman no, Bohr absent)
ORDINANCES FOR INTRODUCTION
9. Ordinance No. 3936 amending Chapter 10.42 of the Huntington Beach
Municipal Code relating to Residential Parking Permits
Recommended Action:
Approve for introduction Ordinance No. 3936, "An Ordinance of the City of
Huntington Beach Amending Chapter 10.42 of the Huntington Beach Municipal
Code Relating to Residential Parking Permit."
Approved as amended in Section 10.42.030 (a) (1)— relating to the number
of signatures needed to establish Residential Parking Permit district,
revised from 75% to 67%.
Approved 5-1-1 (Harper no, Bohr absent)
COUNCILMEMBER COMMENTS (Not Agendized)
Harper, Dwyer, Hansen, Boardman reported
ADJOURNMENT OF THE CITY COUNCIL AND PUBLIC FINANCING AUTHORITY
REGULAR MEETING AND THE HOUSING AUTHORITY AND SUCCESSOR
AGENCY SPECIAL MEETING — 7:04 PM
The next regularly scheduled City Council/Public Financing Authority meeting is Monday,
April 16, 2012, at 4:00 PM in Room B-8, Civic Center, 2000 Main Street, Huntington Beach,
California.
INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITYAGENDA AND STAFF
REPORT MATERIAL/S LOCATED UNDER THE"GOVERNMENT"TAB AT
http.lAvww.huntingtonbeachca.poy
City Council/PFA Regular Meeting
April 2, 2012
-5-
Council/Agency Meeting Held:
Deferred/Continued to:
❑ Approv Conditi pally - pproved D ied City Cler 's i nature
T
Council Meeting Date: April 2, 2012 Department ID Number: PL12-009
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL, ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Scott Hess, AICP, Director of Planning and Building
SUBJECT: Approve Zoning Text Amendment No. 11-003 (Appeal of Planning
Commission's Denial - PC Appeals) amending Chapter 248 of the
Huntington Beach Zoning and Subdivision Ordinance (HBZSO) by
adopting Ordinance No. 3937
Statement of Issue: Transmitted for your consideration is an appeal by Council Member
Joe Carchio of the Planning Commission's denial of Zoning Text Amendment (ZTA) No. 11-
003. The proposed ZTA amends Section 248.28 of the HBZSO to require an appeal fee
when a zoning application is appealed by a Planning Commissioner.
The Planning Commission denied the ZTA and is recommending denial (Recommended
Action A) because the amendment would not reduce processing times and no abuse of the
appeal process by Planning Commissioners has occurred. Staff recommends approval of
the ZTA (Recommended Action B) because the amendment would be consistent with the
City's goal of enhancing economic growth, reduces processing times, and potentially reduces
the number of zoning application appeals.
Financial Impact: Not applicable
Recommended Action(s):
A. PLANNING COMMISSION RECOMMENDATION: Motion to:
Deny Zoning Text Amendment No. 11-003 with a finding for denial (Attachment No. 1)
B. STAFF RECOMMENDATION: Motion to:
Approve Zoning Text Amendment No. 11-003 with findings for approval (Attachment No. 2)
and adopt Ordinance No. 3937, "An Ordinance of the City of Huntington Beach Amending
Chapter 248 of the Huntington Beach Zoning and Subdivision Ordinance Code Relating to
Appeals" (Attachment No. 4)
Alternative Action:
The City Council may make the following alternative motion:
"Continue Zoning Text Amendment No. 11-003 and direct staff accordingly."
Item 8. - I xB -72-
REQUEST FOR COUNCIL ACTION
MEETING DATE: 4/2/2012 DEPARTMENT ID NUMBER: 12-009
Analysis:
A. PROJECT PROPOSAL:
Applicant: City of Huntington Beach
Appellant: Council Member Joe Carchio
Location: Citywide
ZTA No. 11-003 represents a request to amend Section 248.28 of the HBZSO to require an
appeal fee when a zoning application is appealed by a Planning Commissioner.
Currently, all Planning Commissioners and City Council members may appeal a project
without an associated fee. At the August 1, 2011, City Council meeting, staff was directed to
process an ordinance to remove the appeal fee waiver for Planning Commissioners in order
to streamline the process for existing or new businesses. Appeals add about two months to
the entitlement processing time, which conflicts with the City Council's goals for positioning
the city as the "number one city to do business with".
B. PLANNING COMMISSION MEETING:
The Planning Commission held a public hearing on the ZTA on February 28, 2012. There
were no speakers for or against the item. The Planning Commission reviewed the staff
report and found that no significant time has been charged based on abuse of the process by
the Planning Commissioners in the last five years. The Planning Commission denied the
ZTA because it would limit public participation through Planning Commissioner appeals, be
inconsistent with neighboring communities for appeal fees, and not have any impact on
streamlining the review process.
Planninq Commission Action on February 28, 2012
The motion made by Farley, seconded by Shier-Burnett to deny ZTA No. 11-003 with a
finding for denial carried by the following vote:
AYES: Farley, Shier-Burnett, Petersen, Delgleize, Ryan, Bixby, Mantini
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
C. APPEAL:
An appeal was filed by Council Member Joe Carchio on. March 1, 2012 (Attachment No. 3).
Council Member Carchio's primary reason for the appeal is that the ZTA streamlines the
development review process for local businesses, which is consistent with the City's 10-point
Plan for Businesses, City Council's goals for addressing the local economy, and positioning
the city as the "number one city to do business with."
HB -73 Item 8. - 2
REQUEST FOR COUNCIL ACTION
MEETING DATE: 4/2/2012 DEPARTMENT ID NUMBER: 12-009
D. STAFF ANALYSIS AND RECOMMENDATION:
The ZTA is intended to enhance economic growth by minimizing the potential for appeals by
Planning Commissioners which leads to extended zoning application processing times.
When a development project, business expansion, or new land use proposal has been acted
on by the Zoning Administrator or Director and is appealed by a Planning Commission
member, staff time is allocated to continue processing the application without the benefit of a
fee to cover processing costs. This has the potential to affect other projects because staff
resources will therefore be affected in order to process the appeal. As a result, projects that
would normally take 2-3 months to process will take longer. By including appeal fees for
Planning Commissioners, the number of appeals is anticipated to be reduced. Planning
Commissioners will still have the opportunity to appeal a project by paying the appeal fee or
may request a City Council member to appeal on their behalf. The anticipated reduction of
appeals will assist in distributing staff resources efficiently and in attracting businesses to
work in the City. Based upon the aforementioned reasons, staff recommends approval of the
ZTA with suggested findings for approval.
Environmental Status: 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 the CEQA
because it is a minor zoning text amendment which does not change development
standards, intensity, or density of any zoning district.
Strategic Plan Goal: Enhance economic development. The ZTA will streamline the
development review process for local businesses and will assist in reducing the number of
appeals filed.
Attachment(s):
D- . .
1. Suggested Finding for Denial — Zoning Text Amendment No. 11-003 (PC
Recommendation
2. Suggested Findings for Approval — Zoning Text Amendment No. 11-003 (Staff
Recommendation
3. Appeal letter dated March 1, 2012
4. Draft Ordinance No. 3937 — ZTA No. 11-003
5. Legislative Draft Ord. No. 3937 HBZSO Chapter 248, Section 248.28 (Appeal by
City Council Member or Planning Commissioner
6. Planning Commission Staff Report dated February 28, 2012
7. 1 PowerPoint Presentation
SH:KDC:HF:JA
Item 8. - 3 H B -74-
ATTACHMENT # 1
FINDING FOR DENIAL
ZONING TEXT AMENDMENT NO. 11-003
FINDING FOR DENIAL - ZONING TEXT AMENDMENT NO. 11-003:
1. Zoning Text Amendment No. 11-003 to amend Chapter 248 of the Huntington Beach
Zoning and Subdivision Ordinance would eliminate the fee waiver for Planning
Commissioner's appealing Zoning entitlements. The amendment would limit public
participation through Planning Commissioner appeals, be inconsistent with
neighboring communities appeal fee waivers, and not have any impact on
streamlining the development review process. In addition, there has not been any
significant time charged based on abuse of the process by the Planning Commission
in the last five years.
Item 8. - 5 xB -76-
ATTACHMENT #2
SUGGESTED FINDINGS FOR APPROVAL
ZONING TEXT AMENDMENT NO. 11-003
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 the
California Environmental Quality Act because it is a minor zoning text amendment which does
not change development standards, intensity, or density of any zoning district.
SUGGESTED FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 11-003:
1. Zoning Text Amendment No. 11-003 is to amend Chapter 248 of the Huntington Beach
Zoning and Subdivision Ordinance. The amendment would streamline the entitlement
process for new or existing businesses. The amendment is consistent with the objectives,
policies, general land uses and programs specified in the General Plan and any applicable
specific plan by enhancing economic growth and stimulating business opportunities within
the City.
2. The zoning text amendment does not pertain to a general land use provision and therefore
will not affect any authorized uses or zoning district standards. The zoning text amendment
is applicable to all projects that may be appealed.
3. A community need is demonstrated for the change proposed because the current economy
is financially suffering. The zoning text amendment will encourage economic growth within
the City by reducing entitlement processing time. Projects that are codified for streamlining
take approximately three months to process. Without the zoning text amendment during the
current situation, projects are directly or indirectly delayed due to the reduction of staff and
project appeals. When appeals are filed without appeal fees, staff time is allocated to
process the appeal without the benefit of a fee to cover processing costs. The amendment
would assist in continuing the streamline of projects because the number of appeals is
anticipated to reduce and staff time would be allocated for other projects. The ability for
elected officials to appeal is not completely eliminated because City Council members are
still provided with the benefit of appealing with the fee waiver.
4. Its adoption will be in conformity with public convenience, general welfare and good zoning
practice by limiting the appeal fee waivers to City Council members. The number of appeals
filed is anticipated to reduce to encourage more business opportunities within the City.
Item 8. - 7 xB -78-
ATTACHMENT #3
iiii -79-- Item R. - N
He
CITY OF HUNT NGTO � BEACH
City Council Interoffice Communication
TO: Joan Flynn, City Clerk
FROM: Joe Carchio, City Counci
DATE: March 1, 2012
SUBJECT: APPEAL OF THE PLANNIN OMMISSION'S DENIAL OF ZONING TEXT
AMENDMENT NO. 11-003 (AMENDING CHAPTER 248—PC APPEALS)
I hereby appeal the Planning Commission's denial of Zoning Text Amendment No. 11-003 to
eliminate the fee waiver when an application is appealed by a Planning Commissioner. On
February 28,2012, the Planning Commission denied the ZTA at a public hearing.
The primary reasons for my appeal are that 1 believe this ZTA streamlines the development
review process for local business expansions and establishments of new businesses, and is
consistent with the City's 10-point Plan for Businesses. Also, it is consistent with the City
Council's goals for addressing the local economy and positioning the city as the "number one
city to do business with.".
Pursuant to Section 248.18 of the Huntington Beach Zoning and Subdivision Ordinance, the
City Council shall hear an appeal from the decision of the Planning Commission.
SH:HF:ja
cc: Honorable Mayor and City Council
Chair and Planning Commission
Fred A.Wilson, City Manager
Bob Hafl, Deputy City Manager
Scott Hess,AICP,Director of Planning and Building
Travis Hopkins, Director of Public Works
Herb Fauland, Planning Manager
Mary Beth Broeren,Planning Manager
Robin Lugar, Deputy City Clerk '
Jill Arabe,Assistant Planner
Kim DeCoite,Administrative Assistant -
i
t7
g:admn tr1201210301ja1
Item 8. - 9 NB _SO-
ATTACHMENT #4
ORDINANCE NO. 3937
tiw
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 248 OF THE HUNTINGTON BEACH ZONING AND
SUBDIVISION ORDINANCE CODE RELATING TO APPEALS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 248.28 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
248.28 Appeal by City Council Member or Planning Commissioner
A. A City Council member or a Planning Commissioner may appeal a decision of
the Director, Design Review Board, Environmental Assessment Committee,
Subdivision Committee, Planning Commission or Zoning Administrator. The
appeal shall be processed in the same manner as an appeal by any other person
but an appeal by a City Councilmember need not be accompanied by the fee
prescribed for an appeal.
B. The City Council member or Planning Commissioner appealing the decision
is not disqualified by that action from participating in the appeal hearing and
the deliberations nor from voting as a member of the reviewing body.
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 20_.
rn
Mayor
k
ATTEST: (�13- INITIATE AND APPROVED:
City Clerk dfrector if Planning and Building
REVIE APPROVED:
APPROVED AS TO FORM:
ger
City attorney
Ll
11-3156/75083
ATTACHMENT #5
un -83- Item 8. . 12
KEY
INSERTIONS: Oauble underline
DELETIONS
ORDINANCE NO.
LEGISLATIVE DRAFT
248.28 Appeal by City Council Member or Planning Commissioner
A. A City Council member or a Planning Commissioner may appeal a decision of the
Director,Design Review Board,Environmental Assessment Committee, Subdivision
Committee,Planning Commission or Zoning Administrator. The appeal shall be
processed in the same manner as an appeal by any other person but an Appeal by a City
Council member need not be accompanied by the fee prescribed for an appeal.
B. The City Council member or Planning Commissioner appealing the decision is not
disqualified by that action from participating in the appeal hearing and the deliberations
nor from voting as a member of the reviewing body.
11-3156/75087
Iton Beach Zoning and Subdivision Ordinance
Item 8. - 13r248 248 HB -84- 5/97
LATTACHMENT #6
HB ..._ Item 8. - 14
�1 City of Huntx each Planing andBui t
TOR
T
HIJNAhG7DN BEACH
TO: Planning Commission
FROM: Scott Hess,A1CP, Director of Planning and Building
BY: Jill Arabe,Assistant Planner
DATE: February 28, 2012
SUBJECT: ZONING TEXT AMENDMENT NO. 11-003 (AMENDING CHAPTER.248—PC
APPEALS)
APPLICANT: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648
LOCATION: Citywide
STATEMENT OF ISSUE:
• Zoning Text Amendment No. 11-003 request:
- Amend Chapter 248 (Notices, Hearings, Findings, Decisions and Appeals) of the Huntington
Beach Zoning and Subdivision Ordinance (HBZSO)pursuant to direction from the City Council
RECOMMENDATION:
Motion to:
"Approve Zoning Text Amendment No. 11-003 with findings for approval(Attachment No. 1) and
forward Draft Ordinance(Attachment No.2)to the City Council for adoption."
ALTERNATIVE ACTIONN:
The Planning Commission may take alternative actions such as:
A. "Continue Zoning Text Amendment No. 11-003 and direct staff accordingly."
B. "Deny Zoning Text Amendment No. 11-003 with findings for denial."
Item 8. - 15 HB -86- #O'2
PROJECT PROPOSAL:
Zoning Text Amendment No. 11-003 represents a City initiated request to amend Chapters 248 (Notices,
Hearings,Findings, Decisions and Appeals).
Pursuant to Chapter 247 of the HBZSO,the Planning Commission must make specific findings whether to
approve, approve in modified form, or disapprove a proposed zoning text amendment prior to providing
recommendation to the City Council.
ISSUES:
Subject Pro er p And Surrounding Land Use Zoning And General Plan Designations:
The proposed zoning text amendment is Citywide.
General Plan Conformance:
The proposed Zoning Text Amendment No. 11-003 is consistent with the goals,policies, and objectives
of the City's General Plan as follows:
Economic Development Element
Goal ED 1: Provide economic opportunities for present and future Huntington Beach residents
and businesses through employment and local fiscal stability.
Policy ED 2.3.1: Strive to reduce all discretionary permit and licensing processing time.
The ZTA will encourage the growth of businesses within the City because it will streamline the
entitlement processing time by reducing the number of appeals filed. It is also consistent with the City
Council's Strategic Plan Goals for enhancing economic development.
Zoning Compliance: Not Applicable.
Urban Design Guidelines Con frmance: Not Applicable.
Environmental Status: The proposed ZTA is categorically exempt pursuant to City Council Resolution
No. 4501, Class 20, which supplements the California Environmental Quality Act because it is a minor
zoning text amendment which does not change the development standards, intensity, or density of any
zoning district.
Coastal Status: Not applicable.
Redevelopment Status: Not applicable.
Design Review Board: Not applicable.
PC Staff Report—02/28/12 HB -8 7- (12sr09 z Item 8. - 16
Subdivision Committee: Not applicable.
Other Departments Concerns and Requirements: The proposed amendment to the City's existing
ordinance was prepared with the input from the City Attorney's Office. The amendment does not affect
the operations or services of other city departments.
Public Notification:
Legal notice was published in the Huntington Beach/Fountain Valley Independent on February 16, 2012
and notices were sent to individuals/organizations requesting notification (Planning and Building
Department's Notification Matrix) as well as all interested parties.
Application Processing Dates:
DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S):
Not applicable Legislative Action-Not Applicable
ANALYSIS:
Currently, all Planning Commissioners and City Council members may appeal a project without an
associated fee. The appeal adds about two months to the entitlement processing time. At the August 1,
2011, City Council meeting, staff was directed to remove appeal fee waivers for Planning Commissioners
in order to streamline the process for existing or new businesses.
Below is a summary of the type of appeals filed since 2007. Table 1 identifies the number of appeals that
have been filed in the City and Table 2 identifies the projects that were appealed.
Table 1:Appeal History
Year #of Appeals Considered Decision Appealed Appellant
2007 5 2 ZA Decision 1 Planning Commissioner
1 DRB Decision 4 City Councilmember
2 PC Decision 2 A licant
2008 12 8 ZA Decision 4 Planning Commissioner
4 PC Decision 4 City Councilmember
2 Applicant
i Property Owner
I Neighbor
2009 7 1 ZA Decision 1 Planning Commissioner
1 EAC Decision 4 City Councilmember
5 PC Decision l Applicant
1 Property Owner
2010 11 1 DRB Decision 3 City Councilmember
4 ZA Decision 3 Applicant
6 PC Decision 2 Property Owner
3 Neighbor
2011 5 1 ZA Decision I Planning Commissioner
1 Director Decision I City Councilmember
3 PC Decision 2 Property Owner
1 Neighbor
Item 8. - 17`eport-02/28/12 HB -88- (12sr09 ZTA 11-003)
Table 2:Appealed Projects
Year Name of Project Reviewing Body Appellant Further Action
2007 Aouizerat Property—DR 07-010 DRB CC
MS Outdoor Sales—TUP 07-01 ZA PC
Tinker Carport Addition—VAR 07-007 ZA CC
Park Avenue Marina—MND 04-07/CDP 00- PC Applicant Appealed to CC by
13/CUP 00-43 applicant denied
First Christian Church—MND 06-08/CUP 06- PC CC Appealed to CC by CC
35AVAR 07-01 (approved)
2008 Taddeo Residence—CDP 07-13 ZA PC Appealed to CC by CC
a roved)
Herman Residence—CDP 07-18/CLIP 07-44 ZA PC
HB Motor Cars Readerboard Si —CUP 08-06 ZA PC
Metro Q Restaurant—CUP 08-09 ZA PC
Ralph's Recycling Center—CUP 07-47 ZA Applicant
Sawyer Residence—CDP 08-11/CUP 08-21 ZA CC
S rin dale Commercial Center—CUP 08-28 ZA Applicant
Demesne Commercial Development—CUP 08-30 ZA Pro erty Owner
Senior Center—EIR 07-02/CUP 07-39 PC CC
Bella Terra Towers--CUP 08-03 PC Neighbor
Rip-curl—EIR 07-04/ZTA 07-04/GPA 07- PC CC
03/ZMA 07-01/CUP 07-43
2009 Beach Promenade Commercial Center—CUP 08- ZA Applicant Appealed to CC by CC
13NAR 08-07 (approved)
The Ridge—MND 08-16 EAC PC Appealed to CC by CC
(2010)((approved)
Shorecliffs MW—TTM 17296 PC Applicant
Brethren Christian G qm—ND 08-18/CUP 08-52 PC CC
Senior Center—Landscape Plans CUP 07-39 PC CC
DTSP Update—EIR 08-01 PC CC
2010 Wells Fargo ATM—DR 09-31 DRB Applicant
Pierside Pavilion Carts—CUP 10-17 ZA Applicant Appealed to CC by CC
(a roved
TMobile WCF—CUP 09-15 ZA Neighbor Appealed to CC by
applicant denied
Ward/Garfield—CUP 09-24 PC CC
ShorecliffsMHP—TTM.17296 PC Property Owner
Atlanta Avenue Widening—MND 09-01 ZA Property Owner Appealed to CC by
property owner(2011)
(approved)
Newland Carwash—CUP 09-12 ZA NeiRibor Appealed to CC by
neighbor(approved)
2011 Magnolia Tanks—CDP 10-11 ZA PC
First Christian Church Signs—SCE 10-01 Director CC
EIR Beach&Warner—EIR I0-03 PC Nei bor/CC
Pacific MIIP—TTM 17397/CDP 10-17 PC PEgerty Owner
PC Staff Report—02/28/12 HB -89- (12srO9 z Item 8. - 18
The zoning text amendment complies with the required findings. It is consistent with the General Plan
goals and policies of enhancing economic growth and is applicable to all projects that are appealable.
Also, a community need is demonstrated for the amendment. The zoning code was previously changed to
streamline the entitlement process, specifically reducing the application cost, processing time and
reviewing body of minor projects such as Conditional Use Permits for building additions or Sign Code
Exceptions for exceeding sign area to the Zoning Administrator or Director, respectively. This change
was intended to provide the ZA and Director with more authority and discretion for minor projects. When
a minor project is appealed by a Planning Commissioner member, staff time is then allocated to continue
processing the application without the benefit of a fee to cover processing costs. This has the potential to
affect other projects because staff resources will therefore be affected in order to process the appeal. As a
result,projects that would normally take 2-3 months to process may take longer. By including appeal fees
for Planning Commissioners, the number of appeals is anticipated to reduce, which would be consistent
with the City Council's Strategic Planning Goals.
ATTACHMENTS:
2. Planning Commission Appeals Survey dated November 2011
3^T7 fl 11 L r�.t.l ll1Q1_l4G -1 tK 1�11 993
c em er or
SH:HF:JA:kd
Item 8. - 19`eporr—02/28/12 HB_90- (12sr09 ZTA 11-003)
Planning Commission Appeals Survey
Zoning Text Amendment No. 11-003
November 2011
City Appeals PC fee required? Fees (for reference)
Costa Mesa No fees for PC $690 to PC by others
Fountain Valley No fees for PC $1,100 by applicant
$2,280 by others
Irvine No fees for CC or applicant X $128/hr, $245 deposit
Newport Beach No fees for PC $4,333 to PC by others
Westminster No fees for all parties
Seal Beach No fees for PC $750 for public hearing
$100 for non-public
hearing
Anaheim No fees for PC Filing of$350 by others
Applicant to pay
minimum deposit
$2,500
Huntington No fees for PC $2,501 to PC by others
Beach $1,917 to PC by
decision on own
property
$494 to PC public
hearing; director's
decision
Santa Monica Fees for.anyone, typical with X $394 30
applicants/neighbors (8 in
past year -
Glendale Fees for appeals X
Pasadena No fee for:PC/CC 55PA of ATTa�phcafiron fee
j xB -9 1- Item 8. - 20
ATTACHMENT #7
Item ft. - ZI iix .9.
3/12/2012
l
Zoning Text Amendment No. I I
003 (Appeal 0f Planning .
Commission's Denial - Amending
Chapter 248 PC Appeals Fee)
April 2, 2012
Appellant Council Member Joe Carchio
i
Request
® Amend Chapter 248 pursuant to
direction from City Council removing the
fee waiver for appeals filed by Planning
Commissioners
1
Hs -93- Item 8. - 22
3/12/2012
i
� Appeal
• Planning Commission denied ZTA No. 11 -
003 on February 28, 2012
• Appealed by Council Member Carchio on
March 1, 2012
• ZTA streamlines development review process
• Consistent with City's I 0-Point Plan for
Businesses,goals for addressing the local
economy,and positioning the city as the
"number one city to do business with"
l
Analysis
• Currently all Planning Commissioners and
City Council members may appeal a project
without an associated fee
• Appeals — add approx.45-60 days to process
• The required findings for a ZTA:
• Consistent with General Plan
• Compatible with land use provisions
• Community need is demonstrated
• Conform with public convenience,general
welfare and good zoning practice
2
Item 8. - 23 HB -94-
3/12/2012
PC Recommendation
Deny ZTA No. If-003 with findings:
Amendment would limit public participation
through PC appeals
Inconsistent with surrounding communities
o Not impact on streamlining process
Staff Recommendation
® Recommend approval with findings and
adopt ordinance
• The community need for the ZTA is to
encourage and continue assisting new
businesses
Appealed projects typically acted on by
Design Review Board, Zoning Administrator,
or Director
c Staff time allocated for appeals potentially
affects other projects in order to process
appeal
3
BB -95- Item 8. - 24
{O Co
3
CI OF UNTI TO BEACH
O
{ City Council Interoffice Communication
TO: Joan Flynn, City Clerk
FROM: Joe Carchio, City Council
DATE: March 1, 2012
SUBJECT: APPEAL OF THE PLANNIN (OMMISSION'S DENIAL OF ZONING TEXT
AMENDMENT NO. 11-003 (AMENDING CHAPTER 248—PC APPEALS)
I hereby appeal the Planning Commission's denial of Zoning Text Amendment No. 11-003 to
eliminate the fee waiver when an application is appealed by a Planning Commissioner. On
February 28, 2012, the Planning Commission denied the ZTA at a public hearing.
The primary reasons for my appeal are that I believe this ZTA streamlines the development
review process for local business expansions and establishments of new businesses, and is
consistent with the City's 10-point Plan for Businesses. Also, it is consistent with the City
Council's goals for addressing the local economy and positioning the city as the "number one
city to do business with.".
Pursuant to Section 248.18 of the Huntington Beach Zoning and Subdivision Ordinance, the
City Council shall hear an appeal from the decision of the Planning Commission.
SH:HF:ja
cc: Honorable Mayor and City Council
Chair and Planning Commission
Fred A.Wilson, City Manager
Bob Hall, Deputy City Manager
Scott Hess,AICP, Director of Planning and Building
Travis Hopkins, Director of Public Works
Herb Fauland, Planning Manager
Mary Beth Broeren, Planning Manager
Robin Lugar, Deputy City Clerk
Jill Arabe,Assistant Planner t
Kim DeCoite, Administrative Assistant =
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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 8 9
Building Industry Assoc. of South Calif. ETI: Corral 100 Environmental Board Chair
Attn: Elyse Sminada, Govt. Affairs Asst. Jean Kimbrell Robert Smith
17744 Sky Park Circle, suite 170 Irvine,CA 92614 20292 Eastwood Circle 21352 Yarmouth Lane
Huntington Beach, CA 92646 Huntington Beach, CA 92646
12 13 14
Rutan& Tucker, LLP Newland House Museum Historic Resources Board Chair
Jeffrey M. Oderman Pres., H.B. Historical Society Barbara Haynes
611 Anton Blvd., 14th Floor 19820 Beach Blvd. 19341 Worchester Lane
Costa Mesa, CA 92626-1950 Huntington Beach, CA 92648 Huntington Beach, CA 92646
25 25 26
California Coastal Commission California Coastal Commission Department of Transportation, Dist. 12
Theresa Henry South Coast Area Office Christopher Herre, Branch Chief
South Coast Area Office
200 Oceangate, IOth Floor 200 Oceangate, IOth Floor 333 Michelson Dr., Suite 380
I
Long Beach,CA 92802-4302 Long Beach, CA 92802-4302 Irvine, CA 92612-1699
40
Hearthside Homes
6 Executive Circle, Suite 250
Irvine, CA 92614
z 7- T
label size 1"x 2 5/8"compatible with Avery 05160/8160
Etiquette de format 25 mm x 67 mm compatible avec Avery 05160/8160
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH
NOTICE IS HEREBY GIVEN that on Monday, April 2, 2012, at 6:00 PM in the City Council Chambers,
2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning
and zoning items:
1. APPEAL OF PLANNING COMMISSION'S DENIAL OF ZONING TEXT AMENDMENT NO. 11-
003 (PC APPEALS). Appellant: Council Member Joe Carchio. Applicant: City of Huntington
Beach. Request: To amend Chapter 248 of the Huntington Beach Zoning and Subdivision
Ordinance (HBZSO) to eliminate the fee waiver when an application is appealed by a Planning
Commissioner. The Planning Commission reviewed this request on February 28, 2012, and
denied the request with findings. Location: Citywide Project Planner: Jill Arabe
NOTICE IS HEREBY GIVEN that Item #1 is categorically exempt from the provisions of the California
Environmental Quality Act.
ON FILE: A copy of the proposed request is on file in the Planning and Building Department,
2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of
the staff report will be available to interested parties at the City Clerk's Office on Thursday,
March 29, 2012.
ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit
evidence for or against the application as outlined above. If you challenge the City Council's
action in court, you may be limited to raising only those issues you or someone else raised at
the public hearing described in this notice, or in written correspondence delivered to the City at,
or prior to, the public hearing. If there are any further questions please call the Planning and
Building Department at (714) 536-5271 and refer to the above items. Direct your written
communications to the City Clerk
Joan L. Flynn, City Clerk
City of Huntington Beach
2000 Main Street, 2nd Floor
Huntington Beach, California 92648
(714) 536-5227
CityClerkAgenda@surfcity-hb.org
http://www.huntingtonbeachca.gov/
040212 ZTA 11-003(APPEAL OF PC APPEALS)
l
Printed by:0602 Patricia Galnino ~'-Mar f 5,2012,12:52 pm
Salesperson:
Phone: Ad aY 34899841 Vie,
At�cpttit'trtforinaiion - A informattian _ _ }
:Phone# (714)536-5227 I StEtR dais,03-22-12 j Size 1 x 103.340 j
Name i City Of Huntington Beach(Parent) Stopdate 03-22-12 rE3iUed size} 10.50 TCN_tnch _
i Address.`PO Box 784 � (nserttons+ 1 Keya+ord;l 1
Huntington Beac,CA 92648 FtaEe coded &Legal Huntington Beach Ad type; Liner
t Talcertlyt 0802 Patricia Gamino
pest*-7 Ct100070479
m _ _ _ CIasS j 13000 Legal Notices Gress price i $84.00
s
Pubs' TCN HBI �r .MetPnce $84.00
0ient ' City Of Huntington Beach-Clerk's O �� -
Plac-dby' Patty Esparza s l4mt Due { $Ei4.00
FAX# i (714}374-1557 t _. _ _.._ W _ �_ Not® Amount Drfe is snbJect to .
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e' oro therchar}iesW
Ad Copy:
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL
OF THE
CITY OF HUNTINGTON
BEACH
NOTICE IS HEREBY
GIVEN that on Monday,
April 2,2012,at 6:00 PM
in the City Council
Chambers, 2000 Main
Street, Huntington
Beach, the City Council
will hold a public hearing
on the following planning
and zoning items:
❑ 1. APPEAL OF
PLANNING COMMIS-
SION'S DENIAL OF
ZONING TEXT
AMENDMENT NO. 11-
003 (PC APPEALS).
Appellant: Council
Member Joe Carchio.
Applicant. City of
Huntington Beach. Re-
quest: To amend Chap-
ter 248 of the Hunting-
ton Beach Zoning and
Subdivision Ordinance
(HBZSO) to eliminate
the fee waiver when an
application is appealed
by a Planning Commis-
sioner. The Planning
Commission reviewed
this request on February
28,2012,and denied the
request with findings.
Location: Citywide
Proiect Planner: All
Arabe
NOTICE IS HEREBY
GIVEN that Item #1 is
categorically exempt
from the provisions of
the California Environ-
mental Quality Act.
ON FILE: A copy of the
proposed request is on
file in the Planning and
Building Department,
2000 Main Street, Hun-
tington Beach,California
92648, for inspection by
the public.A copy of the
staff report will be
available to interested
parties at the City
...........
-- ad proof pg.1 ---
�CLASSI�lED� r ray } �-'
Swb
t
Printed by:06l)2 Patricia Gamino Mar 15,2012,12.52 pm
110j6 AUge ez atnWo Salesperson- -
Phone: Ad p 34899841
Thursday, March 29,
2012.
ALL INTERESTED PER-
SONS 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 deliv-
ered to the City at, or
prior to, the public
hearing. If there are any
further questions please
call the Planning and
Building Department at
(714) 536-5271 and
refer to the above items.
Direct your written
communications to the
City Clerk
Joan L.Flynn,City Clerk
City of Huntington Beach
2000 Main Street,2nd
Floor
Huntington Beach,Cali-
fornia 92645
(714)536-5227
CityClerkAgen-
da 0 surfcity-hb.org
http://www.
huntingtonbeachca.gov/
Published H.B.Indepen-
dent March 22,2012
�.F
ad proof pg.2 ---
l
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL
OF THE •
CITY OF HUNTINGTON
BEACH
NOTICE IS HEREBY
®® OF
GIVEN that ,Monday
PR April i!; 20122, at 6:00
PM in the City Council
I��� ®� Chambers, Main
`Street, Huntington
ngton
PUBLBeach,the City Council
will hold a public hear-
ing .on :the 'following
planning and zoning.
items:
0.1.APPEAL OF PLAN- t
STATE OF CALIFORNIA) TDN COMMISSION'S
.DENIAL OF ZONING ,
TEXT AMENDMENT
NO. 11-003 (PC AP-
SS. PEALS).. Appellant:
COUNTY
�/ w1 Council Member Joe
COUNT i OF ORANGE � of Huntington
Applicant:City
� ■ �w of Huntington Beach.
Request: To amend
Chapter 248 of the Hun-
tington Beach Zoning
am a citizen of the United States and a and Subdivision Ordto
nance- (HBZ.SO) to ,
resident of the County of Los Angeles; I eliminate the fee waiver
� when an application is
am over the age of eighteen years and appealed by a Planning
, Commissioner. The
not a party to or interested in the notice Planning Commission
reviewed this request
published. I am a principal clerk of the on February es, quest
2012,
p p p and denied the.request
HUNTINGTON BEACH with findings. Location:
Citywide Project Plan-
INDEPENDENT,. which was adjudged a NOTICEAIS HEREBY cIV-
news a er of. general circulation on go that Item m t catm ,
p p g gorically�exempt from
the September 29, 1961, case A6214, and California1$1Environmeons of n
tal Quality Act.
June 11, 1963, case A24831, for the ON F1LE: A copy of the
City of Huntington Beach County of proposed request gs on
, file in the Plannin and
Building Department,
Orange, and •the State of California. 2000 Main Street, Hun
Attached to this Affidavit is a true and tington Beach, insCalper
nia 92648, for inspec-
complete copy as was printed and tion of the public. t I
copy of the staff report '
published on the following date(s): will be available to in-
'terested parties,at the
City Clerk's Office on
Thursday, March 22 2012 Thursday, March 29,
2012.
ALL INTERESTED PER-
SONS are invited to at-
tend said hearing and
express opinions or
submit evidence for or
certify (or declare) under penalty against the applications
as outlined above. If
you challenge the City
of perjury that the foregoing is true Councils action in
court; 'you may be
and correct. thosetl ssueslsiyoouonly
someone else raised at;
the public hearing de-
scribed in this notice,
or- in written corre-
spondence delivered to
the City at,or.prior to,
Executed on March 28, 2012 the public hearing. If
at Los Angeles, California there are any further
questions 'please call
the . Planning a'nd'
Building Department at'
(714),536-5271 and re-
fer to the above items.i
Direct your written
communications to the
City Clerk
Joan L.Flynn,City Clerk
Cityy of of Huntington
Beach
Signature 2000 Main Street,2nd
Huntington Beach,
California 92648
(714)536-5227
CityClerkAgendaoa
surfcity-hb.org
http://www-.
huntingtonbeachca.gov/
Published H.B. Indepen-
dent March 22,2012.
NOTICE OF PUBLIC HEARING
BEFORE-THE CITY COUNCIL
OF THE
CITY OF HUNTINGTON
BEACH
®® ®� I NOTICE IS HEREBY,
GIVEN that on Monday,'
April.2, 2012,•at 6:00
L'CA®'®� PM in the-City Council
1 Chambers, 2000 'Main
Street; 'Huntington
Beach, the City Council
will hold a public hear-
ing on the following
planning and zoning
items:
STATE of C V A R LIFow'I ❑ 1.APPEAL OF PLAN-
//11 A) NING COMMISSION'S
DENIAL OF ZONING
SS.
TEXT AMENDMENT
No. 1103'(PC• AP-
) PEALS)-0. Appellant:
COUNTY OF ®RANGE
Council Member Joe,
Carchio.Applicant:City
of Huntington Beach.'
Request: To amend
Chapter 248 of the Hun-
am a citizen of the United States and a tington Beach Zoning
and Subdivision Ordi-
resident of the County of Los Angeles; I nance (HBZSO) to
eliminate the fee waiver
am over the age of eighteen years, and when an application is
appealed by a Planning
not a art to or interested in the notice Commissioner. The
party Planning Commission
published. I am a principal clerk of the ; reviewed. this request
on February' 28,
HUNTINGTON BEACH
and denied the request
with findings Location:
INDEPENDENT;. which was adjudged a Citywide Praiect Plan-
nor:Jill Arabe
newspaper of general circulation on EY GIV-
EN NOTICE
IS HER Bs cate-
September 29, 1961, case A6214, and ttheicproovisionsptoff`the
June 11, 1963, case A24831, for the California Environmen-
tal Quality Act.
City of. Huntington Beach, County of i ON FILE: A copy of the
proposed request is on
Orange, and the State of California. file in the Planning and
. Building Department, .
Attached to this Affidavit is a true and 2000 Main Street, Hun-
tington Beach, Califor-
com lete co as was rinted and do 92648, for publiinspc.
-
p copy p tion by the public. A
copy of the staff report
published on the following date(s)�:
will be available to in-
terested ;parties at the
City Clerk's Office on
Thursday, March 22, 2012 Thursday, March 29,
2012.
ALL INTERESTED PER-
SONS are invited to at-
tend said hearing and
express opinions or
certify (or declare) under penalty submit evidence for
or
against the application
.as outlined above. If
of perjury that the foregoing is true you challenge the city
Council's action in
and correct. court, you may 'be
limited to raising only
those issues you or
someone else raised at
the public hearing de-
scribed in this notice;
or in'written corre-
Executed on March 28 2012 thespondencea delivered to
11
, the City at, or prior to,
Californiahe public hearing. If
C at Los Angeles, there are any further'
questions please call
the Planning and
Building Department atl
(714) 536-5271 and re-1
fer to the above items.
Direct your written
� l communications to the
City Clerk
Joan L.Flynn,City Clerk �
City of Huntington
Signature Beach
g 2000 Main Street,2nd
Floor
Huntington Beach,
California 92648
(714)536-5227
CityClerkAgendaaa
surfcity-hb.org
http://www.
huntingtonbeachca.gov/I
Published.H.B. indepen-
dent March 22,2012