HomeMy WebLinkAboutPublic Hearing to Consider Approval of Zoning Text Amendment (21) RECUVED
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Council Meeting Date: December 19, 2005 Department ID Number: PL05-35
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
� � v (114
SUBMITTED BY: PENEILOPE C�ULBRETH-GRAFT, CITY ADMINISTRATOR
PREPARED BY: HOWARD ZELEFSKY, PLANNING DIRECTOR/,:Z,
SUBJECT: APPROVE ZONING TEXT AMENDMENT NO. 05-01 (RELIGIOUS
ASSEMBLY— COMPLIANCE WITH RLUIPA)
FS-t -
of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue:
Transmitted for your consideration is Zoning Text Amendment No. 05-01 to amend four
sections of the Huntington Beach Zoning and Subdivision Ordinance in order to comply with
the Religious Land Use and Institutionalized Persons Act (RLUIPA) of 2000. The proposed
changes modify the Huntington Beach Zoning and Subdivision Ordinance by taking a pro-
active measure to comply with federal law. The amendment ensures that religious assembly
uses are protected under RLUIPA citywide. The Planning Commission and staff recommend
approval and adoption of the ordinance as proposed.
Funding Source: Not applicable.
Recommended Action:
PLANNING COMMISSION AND STAFF RECOMMENDATION:
Motion to:
"Approve Zoning Text Amendment No. 05-01 with findings for approval (ATTACHMENT NO.
1)" and adopt Ordinance No.aga , an ordinance amending various sections of the Huntington
Beach Zoning and Subdivision Ordinance relating to religious assembly/land uses
(ATTACHMENT NO. 2)."
REQUEST FOR ACTION
MEETING DATE: December 19, 2005 DEPARTMENT ID NUMBER:PL05-35
Planninq Commission Action on October 11, 2005:
THE MOTION MADE BY SCANDURA, SECONDED BY DINGWALL TO APPROVE ZONING TEXT
AMENDMENT NO. 05-01, WITH FINDINGS (ATTACHMENT NO. 4) AND FORWARD TO CITY
COUNCIL CARRIED BY THE FOLLOWING VOTE:
AYES: RAY, DINGWALL, SCANDURA, BURNETT, DWYER, HORGAN
NOES: NONE
ABSENT: LIVENGOOD
ABSTAIN: NONE
MOTION PASSED
Alternative Action(s):
The City Council may make the following alternative motion(s):
"Continue Zoning Text Amendment No. 05-01 and direct staff accordingly."
Analysis:
A. PROJECT PROPOSAL:
Applicant: City of Huntington Beach
Location: 2000 Main Street, Huntington Beach, CA 92648
Zoning Text Amendment No. 05-01 is a request to modify four sections of the Huntington
Beach Zoning and Subdivision Ordinance (HBZSO) in order to comply with the Religious
Land Use and Institutionalized Persons Act (RLUIPA). Specifically, Zoning Text Amendment
No. 05-01 represents a request pursuant to Section 247.02 of the HBZSO:
A. To amend Chapter 204.16 K (Tent Event) by deleting the word "religious" and adding
the word "any"; and
B. To amend Chapter 210.04 L-3 by deleting the last sentence that states "See Section
230.06: Religious Assembly Yard Requirements"; and
C. To amend Chapter 212.04 by permitting Religious Assembly with Zoning
Administrator approval of a conditional use permit, and delete Section 212.04 L-10
referring to a five year time limitation; and
D. To amend Chapter 230.06 (Religious Assembly Yard Requirements) by deleting the
entire section.
The amendments to the various Sections of the HBZSO are necessary to ensure compliance
with federal law and to ensure that religious assembly uses are protected under RLUIPA
citywide.
G:\RCAs\2005\PL05-35 ZTA 05-01a.doc -2- 12/6/2005 1:36 PM
REQUEST FOR ACTION
MEETING DATE: December 19, 2005 DEPARTMENT ID NUMBER:PL05-35
B. BACKGROUND
The 106th Congress enacted RLUIPA in 2000 (ATTACHMENT NO. 5). The primary purpose
of the Act is to ensure a person's right to free exercise of religion. The RLUIPA states "no
government shall impose or implement a land use regulation in a manner that treats a
religious assembly or institution on less than equal terms with a non-religious assembly."
The act prohibits unequal land use regulations on religious uses. In effect, any regulation
that allows theaters or similar assembly uses in a zone, but not churches or temples, will be
in violation of RLUIPA.
Zoning Text Amendment No. 05-01 was initiated by the City in response to RLUIPA enacted
by Congress in 2000. In 2002, the City of Huntington Beach approved a zoning text
amendment to comply with RLUIPA for the Ellis-Goldenwest Specific Plan area. At that time
the zoning text amendment did not address RLUIPA citywide. The proposed amendment
accomplishes this for religious assembly uses citywide.
C. PLANNING COMMISSION MEETING AND RECOMMENDATION:
The Planning Commission public hearing was held on October 11, 2005, at which time
Zoning Text Amendment No. 05-01 was approved as submitted by staff. There were no
public speakers for this item; however, the Planning Commission discussed options for
churches currently operating under 5-year conditional use permits, routine Fire Code
requirements, and codification.
D. STAFF ANALYSIS AND RECOMMENDATION:
In its review of the Zoning and Subdivision Ordinance, Planning staff and the City Attorney's
office determined that the proposed amendments were the only changes needed to make the
Zoning and Subdivision Ordinance compliant with RLUIPA. Although the proposed changes
to the Zoning and Subdivision Ordinance are minor in nature, the outcome provides
consistent development regulations, and does not single out or segregate religious assembly
uses from other assembly uses. For example, the proposed change to Section 212.04
eliminates the five-year limit for religious assembly uses in the industrial zone but still
requires a conditional use permit as is required for schools and other types of assembly uses
in that zone. Another example is in Section 204.16(K) (Tent Event), where the word
"religious" is replaced with the word "any". The changes to the Zoning and Subdivision
Ordinance would not result in an allowance of religious activity not already permitted by code,
but are necessary to provide a consistency in development standards for all types of
assembly uses.
Zoning Text Amendment No. 05-01 modifies the Huntington Beach Zoning and Subdivision
Ordinance by taking a pro-active measure to comply with federal law. The amendment will
not only comply with federal law, but also ensure that religious assembly uses are protected
GARCAs\2005\PL05-35 ZTA 05-01a.doc -3- 12/6120051:36 PM
REQUEST FOR ACTION
MEETING DATE: December 19, 2005 DEPARTMENT ID NUMBER:PL05-35
under RLUIPA citywide. Therefore, staff recommends that Zoning Text Amendment No.
05-01 be approved because it brings the HBZSO into conformance with the federal mandates
of the 2000 RLUIPA.
Environmental Status:
The proposed zoning text amendment is categorically exempt pursuant to City Council
Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act.
Attachment(s):
City Clerk's
Page Number No. Description
1. Suggested Findings for Approval — ZTA No. 05-01
2. Ordinance No. �V 4 (ZTA No. 05-01)
3. Legislative Draft ZTA No. 05-01 (HBZSO Chapters 204.16 K,
210.04, 212.04, & 230.06)
4. Planning Commission Staff Report dated October 11, 2005
5. Religious Land Use and Institutionalized Persons Act
GARCAs\2005\PL05-35 ZTA 05-01a.doc -4- 12/6/2005 1:36 PM
ATTACHMENT 1
SUGGESTED FINDINGS FOR APPROVAL
ZONING TEXT AMENDMENT NO. 05-01
SUGGESTED FINDINGS FOR APPROVAL —ZONING TEXT AMENDMENT NO. 05-01:
1. Zoning Text Amendment No. 05-01 to amend various sections of the Zoning and Subdivision
Ordinance is consistent with the objectives, policies, general land uses and programs
specified in the General Plan and any applicable specific plan because the amendments
delete specific development requirements only for religious assembly uses to ensure
protection under the Religious Land Use and Institutionalized Persons Act (RLUIPA)
citywide.
2. In the case of a general land use provision, the zoning text amendment is compatible with
the uses authorized in, and the standards prescribed for, the zoning district for which it is
proposed. The amendment will apply to religious assembly uses citywide. The amendment
will create consistent development requirements for religious assembly uses and other
assembly uses.
3. A community need is demonstrated for the proposed zoning text amendment. The proposed
changes will ensure that the City is in compliance with the standards of the federally
mandated RLUIPA. Additionally, Zoning Text Amendment No. 05-01 will apply consistent
development standards to religious assembly uses and other assembly uses citywide.
4. Its adoption will be in conformity with public convenience, general welfare and good zoning
practice. The amendment will result in the City's ability to provide for freedom of religion and
religious assembly in accordance with Federal law and consistent with the goals and policies
of the General Plan.
ATTACHMENT 2
ORDINANCE NO. 3724
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING VARIOUS SECTIONS OF THE
HUNTINGTON BEACH ZONING AND SUBDIVISION
ORDINANCE RELATING TO RELIGIOUS ASSEMBLY/LAND USE
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 204.16,subsection K, of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
K. Tent Event. Allows for the overflow of any assembly for a period not to exceed 72 consecutive
hours and not more than once every 3 months.
SECTION 2. Section 210.04 of the Huntington Beach Zoning and Subdivision Ordinance is
hereby amended to read as follows:
210.04 RL,RM,RMH, RH, and RMP Districts: Land Use Controls
L-3 A conditional use permit from the Planning Commission is required,and only schools operating in
conjunction with religious services are permitted as an accessory use. A General Day Care facility
may be allowed as a secondary use,subject to a conditional use permit, if the Planning Commission
finds that it would be compatible with adjacent areas and not cause significant traffic impacts.
SECTION 3. Section 212.04 of the Huntington Beach Zoning and Subdivision Ordinance is
hereby amended to change the Use Classification of Religious Assembly to ZA and to delete subsection L-
10.
SECTION 4. Section 230.06 of the Huntington Beach Zoning and Subdivision Ordinance is
hereby deleted in its entirety.
SECTION 5. 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�-3 r dday of January 7200. 6
Mayor
ATTEST: APPR D AS TO FORM:
0--Ciy tferf City Altorney
REVIE D PPROVED: INI TED AND APPROVED:
City Administra Director of Planning
ord/05 zoning Riulpa
Ord. No. 3724
STATE OF CALIFORNIA )
COUNTY OF ORANGE j ss:
CITY OF HUNTINGTON BEACH )
I,JOAN L. FLYNN,the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 19th day of December,2005,and was again read to said
City Council at a regular meeting thereof held on the 3rd day of January,2006, and
was passed and adopted by the affirmative vote of at least a majority of all the members
of said City Council
AYES: Green, Coerper, Sullivan, Hardy, Hansen, Cook
NOES: None
ABSENT: Bohr
ABSTAIN: None
1,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on January 12,2006.
In accordance with the City Charter of said City
Joan L. Flynn,City Clerk C Clerk and ex-officio erk
Deputy City Clerk of the City Council of the City
of Huntington Beach,California
ATTACHMENT 3
LEGISLATIVE DRAFT
Chapter 204
204.16 Temporary Use Classifications
A. Animal Shows. Exhibitions of domestic or large animals for a maximum of
seven days. (3334-6/97)
B. Festivals, Circuses and Carnivals. Provision of games, eating and drinking
facilities, live entertainment, animal exhibitions, or similar activities in a tent or
other temporary structure for a maximum of seven days. This classification
excludes events conducted in a permanent entertainment facility. (3334-6/97) (3521-
2/02)
C. Commercial Filming, Limited. Commercial motion picture or video
photography at a specific location six or fewer days per quarter of a calendar
year. (See also Chapter 5.54, Commercial Photography) (3334-6/97)
D. Personal Property Sales. Sales of personal property by a resident("garage
sales") for a period not to exceed 48 consecutive hours and no more than once
every six months. (3334-6/97)
E. Real Estate Sales. An office for the marketing, sales, or rental of residential,
commercial, or industrial development. This classification includes "model
homes." (3334-6/97)
F. Retail Sales, Outdoor. Retail sales of new merchandise on the site of a legally
established retail business for a period not to exceed 48 consecutive hours no
more than once every 3 months. (3334-6/97)
G. Seasonal Sales. Retail sales of seasonal products, including Christmas trees,
Halloween pumpkins and strawberries. (3334-6/97)
H. Street Fairs. Provision of games, eating and drinking facilities, live
entertainment, or similar activities not requiring the use of roofed structures.
(3334-6/97)
I. Trade Fairs. Display and sale of goods or equipment related to a specific trade
or industry for a maximum period of five days per year. (3334-6/97)
J. Temporary Event. Those temporary activities located within the coastal zone
that do not qualify for an exemption pursuant to Section 245.08. (3334-6/97)
K. Tent Event. Allows for the overflow of religious any assembly for a period
not to exceed 72 consecutive hours and not more than once every 3 months.
Chapter 210
210.04 RL,RM, RMH, RH, and RMP Districts: Land Use Controls
L-3 A conditional use permit from the Planning Commission is required, and only schools
operating in conjunction with religious services are permitted as an accessory use. A General Day
Care facility may be allowed as a secondary use, subject to a conditional use permit, if the Planning
ord/05 zoning Rlulpa 1
Commission finds that it would be compatible with adjacent areas and not cause significant traffic
c c 30 n6- Rel n embl ,v,,,- vo n
impacts. a.,eeEtie .. .; ... .,n»...,....,
Chanter 212
212.04 IG and IL Districts: Land Use Controls (3254-10/94)
In the following schedules, letter designations are used as follows: (3254-10/94)
"P" designates use classifications permitted in the I districts. (3254-10/94)
"L" designates use classifications subject to certain limitations prescribed by the
"Additional Provisions" which follow. (3254-10/94)
"PC" designates use classifications permitted on approval of a conditional use permit
by the Planning Commission. (3254-10/94)
"ZA" designates use classifications permitted on approval of a conditional use permit
by the Zoning Administrator. (3254-10/94)
"TU" designates use classifications allowed upon approval of a temporary use permit
by the Zoning Administrator.(3254-10/94)
"P/U" for an accessory use means that the use is permitted on the site of a permitted
use,but requires a conditional use permit on the site of a conditional use. (3254-10/94)
Use classifications that are not listed_are prohibited. Letters in parentheses in the "Additional
Provisions" column refer to requirements following the schedule or located elsewhere in this
ordinance. Where letters in parentheses are opposite a use classification heading,referenced
provisions shall apply to all use classifications under the heading. (3254-10/94)
IG AND IL P - Permitted
DISTRICTS: L - Limited (see Additional Provisions)
LAND USE PC - Conditional use permit approved by Planning Commission
CONTROLS ZA - Conditional use permit approved by Zoning Administrator
TU- Temporary Use Permit
P/U- Requires conditional use permit on site of conditional use
Not Permitted
Additional
IG IL Provisions
Residential
Group Residential PC PC (J)
Public and Semipublic (A)(M)
Community and Human Service
Facilities PC PC (L)
Day Care, General ZA ZA
Heliports Maintenance & Service
Facilities PC PC (0)
ord/05 zoning Rlulpa 2
Public Safety Facilities P P
Religious Assembly L4-9 ZA L4-o ZA
IG AND IL Districts: Additional Provisions
L-1 Only allowed upon approval of a conditional use permit by the Planning Commission
for a mixed use project, subject to the following requirements: (3254-10/94)
Minimum site area: 3 acres (3254-10/94)
Maximum commercial space: 35 percent of the gross floor area and 50 percent of the
ground floor area of buildings fronting on an arterial highway. (3254-10/94)
Phased development: 25 percent of the initial phase must be designed for industrial
occupancy. For projects over 500,000 square feet, the initial phase must include 5
percent of the total amount of industrial space or 50,000 square feet of industrial space,
whichever is greater. (3254-10/94)
L-2 Allowed upon approval of a conditional use permit by the Planning Commission when
designed and oriented for principal use by employees of the surrounding industrial
development or when designed for general public use, after considering vehicular
access and parking requirements. (3254-10/94)
L-3 Allowed upon approval of a conditional use permit by the Zoning Administrator when
in a free-standing structure or as a secondary use in a building provided that no more
than 20 percent of the floor area is occupied by such a use. (3254-10/94,3523-2/02)
L-4 Only stations offering services primarily oriented to businesses located in an I District
are allowed with a conditional use permit by the Planning Commission. (3254-10/94)
L-5 No new or used automobile,truck or motorcycle retail sales are permitted. (3254-10/94)
L-6 Only schools offering higher education curriculums are allowed with conditional use
permit approval by the Planning Commission . No day care, elementary or secondary
schools are permitted. (3254-10/94)
L-7 Recycling Operations as an accessory use are permitted;recycling operations as a
primary use are allowed upon approval of a conditional use permit by the Planning
Commission . (3254-10/94)
L-8 Allowed upon conditional use permit approval by the Planning Commission when a
single building with a minimum area of 100,000 square feet is proposed on a site
fronting an arterial. The primary tenant shall occupy a minimum 95% of the floor area
and the remaining 5%may be occupied by secondary tenants. (3254-10/94)
L-9 Permitted if the space is 2,500 square feet or less; allowed by conditional use permit
approval by the Zoning Administrator if the space is over 2,500 square feet. (3254-10/94,
3523-2/02)
�fi111L.not to o e five (5) .
V1 SERVED
ord/05 zoning Rlulpa 3
ATTACH 1T NO. �-
Chapter 230
230.06 1 Assembly ssemb
J Requirements
heigM and f
Yards, bulk,
p-Tevided that the miniffffim ii4er-ier- side yafEl-and r-eaf),a-fd shall eaeh be-20 feet. Yafds adjeining
r r y
!,,.-.es shall net be less than required fer a pefmit4ed use.
ord/05 zoning Rlulpa 4
ATTACHMENT , ` -
ATTACHMENT 4
City of Huntingtan Beach Planning Department
STAFF REPORT
'•HUNTINGTON-BEACH
TO: Planning Commission
FROM: Howard Zelefsky, Director of Planning
BY: Jason Kelley,Assistant Planner
DATE: October 11, 2005 l�
SUBJECT: ZONING TEXT AMENDMENT NO. 05-01 (Religious Assemblies - Compliance with
RLU`H)A 2000)
APPLICANT: City of Huntington Beach Planning Department, 2000 Main Street; Huntington Beach,
CA 92648
LOCATION: Citywide
STATEMENT:OF ISSUE:
`:Zoning Text Amendment No. 05-01 request:
Amend the industrial district of the Huntington Beach Zoning and Subdivision Ordinance
=ZSq):by adding religious assembly as a conditionally permitted use to comply with the
gious Land Use and Institutionalized Persons Act(RLUIPA)enacted by Congress in 2000.`.
Amend various sections of the HBZSO by deleting language referencing religious assembly to
comply with the RLUIPA 2600
• Staff s.Recommendation: Approve Zoning Text Amendment No. 05-01 and forwardto the City
Council for adoption based upon the following:
The amendment will'comply with the federal mandates of the.RLUIPA 200Q by allowing for
religious assembly uses'ci e. 41
RECOMMENDATION:
Motion to:
"Approve Zoning Text Amendment No. 05-01 with findings for approval (Attachment No 1) and forward
Draft Ordinance (Attachment No. 2), including the legislative draft to the City Council for adoption."
ALTERNATIVE ACTION(S):
The Planning Commission may take alternative'actions such as:
A. "Deny Zoning Text Amendment No 05-01 with findings for denial."
B. "Continue Zoning Text Amendment No. 05.01 and direct staff accordingly."
PROJECT PROPOSAL:
Zoning Text Amendment No. 05-01 represents a request to modify four sections of the Huntington Beach
Zoning and Subdivision Ordinance in order to comply with the Religious Land Use and Institutionalized
Persons Act(RLUIPA). Specifically, Zoning Text Amendment No. 05-01 represents a request pursuant to
Section 247.02 of the Huntington Beach Zoning and Subdivision Ordinance(HBZSO):
A. To amend Chapter 204.16 K(Tent Event) by deleting the word "religious" and adding the word
"any"; and
B. To amend Chapter 210.04 L-3 by deleting the last sentence that states "See Section 230.06:
Religious Assembly Yard Requirements'; and
C. To amend Chapter 212.04 by permitting Religious Assembly with Zoning Administrator approval
of a conditional use permit, and delete Section 212.04 L-10 referring to a five year time limitation;
and
D. To amend Chapter 230.06 (Religious Assembly Yard Requirements)by deleting the entire section
Zoning Text Amendment No. 05-01 was initiated by the City in response to RLUIPA enacted by Congress
in 2000.. In 2002,the City of Huntington Beach approved a zoning text amendment to comply with. .
RLUIPA for the Ellis-Goldenwest Specific Plan area. At that time the zoning text amendment did not
address RLUIPA citywide. Therefore,the proposed amendment is intended as a pro-active:measure not
only to comply with federal law,but also to ensure that religious assembly uses are protected under
RLUIPA citywide.
ISSUES:
General`Plan Conformances
The proposed Zoning Text Amendment is consistent with the goals, policies, and objectives of the City's
Generat Plan as follows:
A. Land Use Element
Goal LU 13 Achieve the development of a mix of-governmental services,institutional,educational,
and,religious uses that support the needs of Huntington Beach's residents.
Ob'e� ctive L U 13.1: Provide for the continuation of existing and development of new uses, such as
governmental administrative,public safety,human service, cultural, educational,infrastructure,
religious and other,uses that support the needs of existing and future residents and businesses. .
Policy LU 13.1.2 Allow for the continuation of existing and development of new religious facilities
in any land use zone where they are compatible with adjacent uses and subject to City review and
approval.
PC Staff Report - 10/11/05 - 2 (05422 ZTA 05-01)
The proposed zoning text amendment eliminates language referencing specific requirements only for
religious uses. Deleting the language ensures that the development standards for assembly and
religious uses are consistent between the two, which complies with RLUIPA.
Urban Design Guidelines Conformance: Not applicable
Environmental Status: The proposed zoning text amendment is categorically exempt pursuant to City
Council Resolution No. 4501, Class 20,which supplements the California Environmental Quality Act:
Coastal Status: This zoning text amendment will be processed as a minor amendment to the Huntington
Beach Local Coast Program implementing ordinances and will be filed with the California Coastal
Commission with other minor amendments..
Redevelopment Status: Not applicable.
Design Review Board: Not applicable.
Subdivision Committee: Not applicable.
Other Departments Concerns and Requirements: There are no concerns from other City'Departments: .
Public Notiudtion.•
An expanded legal notice was published in the Huntington Beach/Fountain Valley Independent on
October 6, 2005'and notices were sent to individuals/organizations requesting,notification(Planning
Department's Notification Matrix) and interested parties. As of October 6,2005,no communication
supporting or opposing the request has been received.
Application Processing Dates:
DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATES):
Not Applicable' Not applicable because ZTA is a legislative act and not a.,
development permit
ANALYSIS:
RLUIPA was enacted by the 106th Congress in 2000 (Attachment No.4). The primary purpose of the Act
is to ensure a person's right to free exercise of religion. The RLUIPA states that"no government shall
impose or implement a land use regulation in a manner that treats a religious assembly or institution on
less than equal terms with a non-religious assembly." The act prohibits unequal land use regulations on
religious uses. In effect, any regulation that allows theaters or'similar assembly uses in a'zone, but not
churches or temples,will be in violation of RLUIPA.
PC Staff Report 10/11/05 3 (05sr22 ZTA 05-01)
In its review of the Zoning and Subdivision Ordinance, City staff determined that the proposed
amendments were the only changes needed to make the Zoning and Subdivision Ordinance compliant with
RLUIPA. Although the proposed changes to the Zoning and Subdivision Ordinance are minor in nature,
the outcome provides consistent development regulations, and does not single out or segregate religious
assembly uses from other assembly uses. For example, the proposed change to Section 212.04 eliminates
the five-year limit for religious assembly uses but still requires a conditional use permit as is required for
schools and other types of assembly uses. Another example is in Section 204.16(K) (Tent Event),where
the word"religious" is replaced with the word"any". The changes to the Zoning and Subdivision
Ordinance would not result in an allowance of religious activity not already permitted by code, but are
necessary to provide a consistency in development standards for all types of assembly uses.
Zoning Text Amendment No. 05-01 modifies the Huntington Beach Zoning and Subdivision Ordinance by
taking a pro-active measure to comply with federal law. The amendment will not only comply with
federal law, but also ensure that religious assembly uses are protected under RLUIPA citywide. Therefore,
staff recommends that the Zoning Text Amendment No. 05-01 be approved for the following reasons:
➢ The amendment will comply with the federal mandates of the RLUIPA 2000 by allowing for religious
assembly uses citywide.
ATTACHMENTS:
1. Suggested Findings for Approval—ZTA#05-01
SH:MBB.jk:rl
PC Staff Report - 10/11/05 4 (05sr22 ZTA 05-01)
ATTACHMENT NO. 1
SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL
ZONING TEXT AMENDMENT NO. 05-01
SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEOA:
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.
The project is exempt because it involves minor amendments to the zoning ordinance,which does not
change the development standards, intensity, or density of the affected districts.
SUGGESTED FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 05-01:
1. Zoning Text Amendment No. 05-01 to amend various sections of the Zoning and Subdivision
Ordinance is consistent with the goals, objectives and policies of the General Plan because the
amendment deletes specific development requirements only for religious assembly uses to ensure
protection under the Religious Land Use and Institutionalized Persons Act(RLUIPA) citywide.
2. In the case of a general land use provision, the zoning text amendment is compatible with.the uses
authorized in, and the standards prescribed for,the zoning district for which it is proposed. The
amendment will apply to religious assembly uses citywide. The amendment will*create consistent
development requirements for religious assembly uses and other assembly uses.
3. A community need is demonstrated for the proposed zoning text amendment. The proposed changes
will ensure that the City is in compliance with the standards of the federally mandated RLUIPA.
Additionally, Zoning Text Amendment No. 05-01 will apply consistent development standards to
religious assembly uses and other assembly uses citywide.
4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice.
The amendment will result in the City's ability to provide for freedom of religion and religious
assembly in accordance with Federal law and consistent with the goals and policies of the General
Plan.
PC Staff Report - 10/11/05 ATTACHMENT NO. 1
ATTACHME.. N- T 5
Religious Land use and Institutionalized Persons Page 1 of 4.
RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS
SECTION 1. SHORT TITLE.
This Act may be cited as the 'Religious Land Use and Institutionalized Persons Act of 2000'.
SEC. 2. PROTECTION OF LAND USE AS RELIGIOUS EXERCISE.
(a) SUBSTANTIAL BURDENS-
(1) GE ERAL RULE- N se or implement et laad ise. mgulatkain a manner that
it* ao�substanti urden on the religious exercise of a person, '
sty on,unless a government demonstrates that imposition-o ` lie burden on that person, assembly,or
institution--
(A) is in furtherance of a compelling governmental interest; and
(B) is the least restrictive means of furthering that compelling governmental interest.
(2) SCOPE OF APPLICATION- This subsection applies in any case in which--
(A)the substantial burden is imposed in a program or activity that receives Federal financial
assistance, even if the burden results from a rule of general applicability;
(B) the substantial burden affects, or removal of that substantial burden would affect, commerce with
foreign nations,among the several States,or with Indian tribes, even if the burden results from a rule
of general applicability; or
(C)the substantial burden is imposed in the implementation of a land use regulation or system of
land use regulations, under which a government makes, or has in place formal or informal
procedures or practices that permit the government to make,individualized assessments of the
proposed uses for the property involved.
(b)DISCRIMINATION AND EXCLUSION-
(1)EQUAL TERMS-No government shall impose or implement a land use regulation in a manner that
treats a religious assembly or institution on less than equal terms with a nonreligious assembly or
institution.
(2)NONDISCRIMINATION-No government shall impose or implement a land use regulation that
discriminates against any assembly or institution on the basis of religion or religious denomination.
(3) EXCLUSIONS AND LIMITS-No government shall impose or implement a land use regulation that--
(A)totally excludes religious assemblies from a jurisdiction; or
(B)unreasonably limits religious assemblies, institutions, or structures within a jurisdiction.
SEC. 3. PROTECTION OF RELIGIOUS EXERCISE OF INSTITUTIONALIZED PERSONS.
(a) GENERAL RULE-No government shall impose a substantial burden on the religious exercise of a person
residing in or confined to an institution, as defined in section 2 of the Civil Rights of Institutionalized Persons
Act(42 U.S.C. 1997), even if the burden results from a rule of general applicability,unless the government '
demonstrates that imposition of the burden on that person--
(1) is in furtherance of a compelling governmental interest; and
(2)is the least restrictive means of furthering that compelling governmental interest.
(b) SCOPE OF APPLICATION-This section applies in any case in which--
(1)the substantial burden is imposed in a program or activity that receives Federal financial assistance; or
(2)the substantial burden affects, or removal of that substantial burden would affect,commerce with
foreign nations, among the several States, or with Indian tribes.
SEC. 4. JUDICIAL, RELIEF.
(a) CAUSE OF ACTION- A person may assert a violation of this Act as a claim or defense in a judicial
http://www.usdoj.gcw!,;rt/housing/housing rluipa.htm 9/7/200:
Religious Land use and Institutionalized Persons Page 2 of 4
proceeding and obtain appropriate relief against a government. Standing to assert a claim or defense under this
section shall be governed by the general rules of standing under article III of the Constitution.
(b) BURDEN OF PERSUASION- If a plaintiff produces prima facie evidence to support a claim alleging a
violation of the Free Exercise Clause or a violation of section 2,the government shall bear the burden of
persuasion on any element of the claim, except that the plaintiff shall bear the burden of persuasion on whether
the law(including a regulation) or government practice that is challenged by the claim substantially burdens the
plaintiffs exercise of religion.
(c)FULL FAITH AND CREDIT- Adjudication of a claim of a violation of section 2 in a non-Federal forum
shall not be entitled to full faith and credit in a Federal court unless the claimant had a full and fair adjudication
of that claim in the non-Federal forum.
(d)ATTORNEYS' FEES- Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is amended--
(1)by inserting 'the Religious Land Use and Institutionalized Persons Act of 2000,' after'Religious
Freedom Restoration Act of 1993,'; and
(2) by striking the comma that follows a comma.
(e)PRISONERS-Nothing in this Act shall be construed to amend or repeal the Prison Litigation Reform Act of
1995 (including provisions of law amended by that Act).
(f)AUTHORITY OF UNITED STATES TO ENFORCE THIS ACT- The United States may bring an action for
injunctive or declaratory relief to enforce compliance with this Act.Nothing in this subsection shall be construed
to deny, impair, or otherwise affect any right or authority of the Attorney General,the United States,or any
agency, officer,or employee of the United States, acting under any law other than this subsection,to institute or
intervene in any proceeding.
(g)LIMITATION-If the only jurisdictional basis for applying a provision of this Act is a claim that a substantial
burden by a government on religious exercise affects, or that removal of that substantial burden would affect,
commerce with foreign nations, among the several States,or with Indian tribes,the provision shall not apply if
the government demonstrates that all substantial burdens on, or the removal of all substantial burdens from,
similar religious exercise throughout the Nation would not lead in the aggregate to a substantial effect on
commerce with foreign nations, among the several States, or with Indian tribes.
SEC. 5. RULES OF CONSTRUCTION.
(a)RELIGIOUS BELIEF UNAFFECTED-Nothing in this Act shall be construed to authorize any government
to burden any religious belief.
(b)RELIGIOUS EXERCISE NOT REGULATED-Nothing in this Act shall create any basis for restricting or
burdening religious exercise or for claims against a religious organization including any religiously affiliated
school or university, not acting under color of law.
(c) CLAIMS TO FUNDING UNAFFECTED-Nothing in this Act shall create or preclude a right of any religious
organization to receive funding or other assistance from a government, or of any person to receive government
funding for a religious activity,but this Act may require a government to incur expenses in its own operations to
avoid imposing a substantial burden on religious exercise.
(d) OTHER AUTHORITY TO IMPOSE CONDITIONS ON FUNDING UNAFFECTED Nothing in this Act
shall-
(1) authorize a government to regulate or affect, directly or indirectly,the activities or policies of a person
other than a government as a condition of receiving funding or other assistance; or
(2)restrict any authority that may exist sunder other law to so regulate or affect, except as provided in this
Act.
http://www.usdoj.gov/crt/housing/housing rluipa.hti- ° `""�° "'* � 9/7/200s
Religious Land.use and Institutionalized Persons Page 3 of 4
(e) GOVERNMENTAL DISCRETION IN.ALLEVIATING BURDENS ON RELIGIOUS EXERCISE-A
government may avoid the preemptive force of any provision of this Acf by changing the policy or practice that
results in a substantial burden on religious exercise, by retaining the policy or practice and exempting the
substantially burdened religious exercise,by providing exemptions from the policy or practice for applications
that substantially burden religious exercise, or by any other means that eliminates the substantial burden.
(f) EFFECT ON OTHER LAW-With respect to a claim brought under this Act, proof that a substantial burden
on a person's religious exercise affects, or removal of that burden would affect, commerce with foreign nations,
among the several States, or with Indian tribes, shall not establish any inference or presumption that Congress
intends that any religious exercise is, or is not, subject to any law other than this Act.
(g) BROAD CONSTRUCTION- This Act shall be construed in favor of a broad protection of religious exercise,'
to the maximum extent permitted by the terms of this Act and the Constitution.
(h)NO PREEMPTION OR REPEAL-Nothing in this Act shall be construed to preempt State law, or repeal
Federal law,that is equally as protective of religious exercise as, or more protective of religious exercise than,
this Act.
(i) SEVERABILITY-If any provision of this Act or of an amendment made by this Act, or any application of
such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act,the
amendments made by this Act, and the application of the provision to any other person or circumstance shall not
be affected.
SEC. 6. ESTABLISHMENT CLAUSE UNAFFECTED.
Nothing in this Act shall be construed to affect, interpret, or in any way address that portion of the first
amendment to the Constitution prohibiting laws respecting an establishment of religion(referred to in this section
as the 'Establishment Clause'). Granting government funding, benefits, or exemptions,to the extent permissible
under the Establishment Clause, shall not constitute a violation of this Act. In this section,the term'granting',
used with respect to government funding,benefits, or exemptions, does not include the denial of government
funding, benefits, or exemptions.
SEC. 7. AMENDMENTS TO RELIGIOUS FREEDOM RESTORATION ACT.
(a)DEFINITIONS- Section 5 of the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb-2) is
amended--
(1) in paragraph(1). by striking 'a State, or a subdivision of a State' and inserting 'or of a covered entity;
(2)in paragraph(2),by striking `term' and all that follows through'includes' and inserting 'term 'covered
entity' means'; and
(3)in paragraph(4),by striking all after'means' and inserting 'religious exercise,as defined in section 8 of
the Religious Land Use and Institutionalized Persons Act of 20002.
(b) CONFORMING AMENDMENT- Section 6(a) of the Religious Freedom Restoration Act of 1993 (42 U.S.C..
2000bb-3(a)) is amended by striking 'and State'.
SEC. 8. DEFINITIONS.
In this Act:
(1) CLAIMANT- The term 'claimant' means a person raising a claim or defense under this Act.
(2)DEMONSTRATES-The term'demonstrates' means meets the burdens of going forward with the
evidence and of persuasion.
(3)FREE EXERCISE CLAUSE The term'Free Exercise Clause' means that portion of the first
amendment to the Constitution that proscribes laws prohibiting the free exercise of religion.
(4)GOVERNMENT-The term 'government'--
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Religions Land use and Institutionalized Persons Page 4 of•1
(A)means--
(i) a State, county, municipality, or other governmental entity created under the authority of a
State;
(ii) any branch, department, agency, instrumentality, or official of an entity listed in clause (i) .
and
(iii)any other person acting under color of State law; and
(B) for the purposes of sections 4(b) and 5, includes the United States, a branch, department, agency,
instrumentality, or official of the United States, and any other person acting under color of Federal
law.
(5) LAND USE REGULATION- The term 'land use regulation' means a zoning or landmarking law, or the.
application of such a law,that limits or restricts a claimant's use or development of land(including a
structure affixed to land), if the claimant has an ownership, leasehold, easement, servitude,or other
property interest in the regulated land or a contract or option to acquire such an interest.
(6)PROGRAM OR ACTIVITY- The term'program or activity'means all of the operations of any entity
as described in paragraph(1) or(2) of section 606 of the Civil Rights Act off-964 (42 U.S.C. 2000d-4a).
(7)RELIGIOUS EXERCISE-
(A)IN GENERAL- The term'religious exercise' includes any exercise of religion,whether or not
compelled by, or central to, a system of religious belief.
(B) RULE-The use, building, or conversion of real property for the purpose of religious exercise
shall be considered to be religious exercise of the person or entity that uses or intends to use the
property for that purpose.
http://www.usdoj.gov/crt/housing/housing_rluipa.htm ZZ
-" 9/7/200: .
f b ..
RCA ROUTING SHEET
INITIATING DEPARTMENT: Planning
SUBJECT: Zoning Text Amendment No. 05-01 (Religious Assembly
- Compliance with RLUIPA)
COUNCIL MEETING DATE: December 19, 2005
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Not Applicable ❑
Resolution (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Applicable
Attached ❑
Contract/Agreement (w/exhibits if applicable) Not Applicable
(Signed in full by the City Attorne
Attached ❑
Subleases, Third Party Agreements, etc. Not Applicable
(Approved as to form by City Attorne
Certificates of Insurance (Approved b the City Attorne Attached ❑
PP Y Y Y) Not Applicable
Attached ❑
Fiscal Impact Statement (Unbudget, over $5,000) NotA Applicable
Attached ❑
Bonds (If applicable) Not Applicable
Attached
Staff Report (If applicable) Not A licable ❑
Commission, Board or Committee Report If applicable) Attached ❑
p ( pp ) Not A licable
s/Conditions for Approval and/or Denial Attached
Findin
9 pp Not Applicable ❑
EXPLA . ATION FOR MISSINO ATTACHMENTS
REVIEWED RETURNED FoR:VYA,,DDED
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial
City Clerk
EXPLAkNATIO FOR R TURN O-F( ENI:
Only)(Below Space For City Clerk's Use
RCA Author: HZ:SH:MBB:jk
CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING REQUEST
SUBJECT: A�>"IkA(k ?i�i-
DEPARTMENT: -FlAn o. MEETING DATE: Dar"
CO ACT: JA5c . -`'j lam"( PHONE: 15--3
N/A 'ES NO
( ) ( ) Is the notice attached?
{ ) ( ) Do the Heading and Closing of Notice reflect City Council(and/or
Redevelopment Agency)hearing?
Are the date,'day and time of the public hearing correct?
( ) ( ) If an appeal,is the appellant's name included in the notice?
( ) ( ) If Coastal Development Permit,does the notice include appeal language?
Is there an Environmental Status to be approved by Council?
( ( ) ( ) Is a map attached for publication?
( ) ( ( ) Is a larger ad required? Size
( ) ( ) Is the verification statement attached indicating the source and accuracy of the
mailing list?
Are the applicant's name and address part of the mailing labels?
( ( ) ( ) Are the appellant"s name and address part of the madirig labels?
If Coastal Development Permit,is the Coastal Commission part of the mailing
labels?
( ( ) ( ) If Coastal Development Perniit,are the resident labels attached?
Is the Report 33433 attached? (Economic Development Dept. items only)
Pleas complete the following:
1. Minimum days from publication to hearing date
2. Number of times to be published
3. Number of days between publications
21
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH
NOTICE IS HEREBY GIVEN that on Monday, December 19, 2005 at 6:00 p.m. in
the City Council Chambers, 2000 Main Street, Huntington Beach, the City
Council will hold a public hearing on the following planning and zoning items:
❑ 1. ZONING TEXT AMENDMENT 05-01 (RELIGIOUS ASSEMBLIES-
COMPLIANCE WITH RLUIPA 2000): Applicant: City of Huntington
Beach Request: To amend Chapters 204.16, 210.04, 212.04, and
230.06 of the HBZSO in order to comply with the Religious Land Use and
Institutionalized Persons Act (RLUIPA). Location: Citywide Project
Planner: Jason Kelley
NOTICE IS HEREBY GIVEN that Item No. 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 City Clerk's Office,
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 December 15, 2005.
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
Department at 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
G:\LEGALS\COLTNCIL\2005\051219.DOC
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Hillcrest Missionary Baptist Church His Place Christian Fellowship Hope Chapel Orange Coast
8221 Newman Ave. 7751 Glencoe Ave. 715 Lake St.
Huntington Beach CA 92467 Huntington Beach CA 92647 Huntington Beach CA 92648
Huntington Beach Baptist Church Huntington Beach Community of Kingdom Hall of Jehovah's Witnesses
8121 Ellis Ave. Nazarene Church 19100 Delaware Street
Huntington Beach,CA 92646 8101 Slater Ave. Huntington Beach,CA 92648
Huntington Beach, CA 92647
Kingdom of Jehovah's Witnesses Lutheran Church of the Resurrection Old World Village Church
7851 Talbert Ave. 9812 Hamilton Ave. 7561 Center Ave.
Huntington Beach, CA 92647 Huntington Beach, CA 92646 Huntington Beach, CA 92647
Pacific Coast Community Church Pierpoint Community Church w Christian Fellowship
17581 Newland Street 7701 Taylor Ave. 7622 Wam ve.
Huntington Beach, CA 92647 Huntington Beach, CA 92648 Huntington Beach, 2647
Redeemer Lutheran Church Seabreeze Church Seaside Community Church
16531 Springdale Street 7111 Talbert Ave. 9300 Indianapolis
Huntington Beach,CA 92649 Huntington Beach, CA 92647 Huntington Beach, CA 92646
Shorelife Church St Bonaventure Catholic Church St.IVtary's by the Sea
5172 McFadden Ave. 16400 Springdale Street 321 loth Street
Huntington Beach,CA 92649 Huntington Beach, CA 92647 Huntington Beach, CA 92649
St.Vincent De Paul Catholic Church St. Wilfrid Episcopal Church Stonebridge Christian Church
8345 Talbert Ave. 18631 Chapel Lane 5555 McFadden Ave.
Huntington Beach,CA 92647 Huntington Beach, CA 92646 Huntington Beach, CA 92649
Sts. Simon and Jude Church The Church in BB Vineyard Christian Fellowship
20444 Magnolia Street 19231 Beach Blvd. 15744 Goldenwest Street
Huntington Beach,CA 92646 Huntington Beach, CA 92648 Huntington Beach, CA 92647
Warner Baptist Church Harbor Community Church Living Faith Christian Fellowship
7360 Warner Ave. ': 401 6ffi Street P.O. Box 3446
Huntington Beach, CA 92647 Huntington Beach, CA 92648 Huntington Beach, CA 92605
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Church of God Korean Central God's House
7622 Warner Ave. 17581 Newland Street 6421 Meadowcrest Drive
Huntington Beach, CA 92647 Huntington Beach, CA 92647 Huntington Beach, CA 92647
Koinonia Fellowship Huntington Goldenwest Church of Christ Hope for Healing Hearts Ministrie
80 Huntington Street,#631 16940 B Street 7372 Prince Drive,#107
Huntington Beach, CA 92648 Huntington Beach, CA 92647 Huntington Beach, CA 92647
Spirit Life Community Church Chapel of Praise Fellowship
16351 Del Mar Lane 2721 Delaware Street
Huntington Beach,CA 92649 Huntington Beach,CA 92648
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Director 24 Mary Beckman 31 Hampton,HOA 38
City of Seal e Ocean View tary School District Progr Community Ivlgmt
211 Eight St. 17200 Pineburst Lane 27405 Puerta 300
Seal Beach,CA 90740 Huntington Beach CA 92647 Mission Viego,CA 926
California Coastal Commission 25 Jon M>Archib 32 S Graham 39
Theresa Henry Westmol Di Meadow ea
South Coast Area Office 14121 Cedarwood Avenue 5161 Gelding Cir
200 Oceangate,10th Floor Westminster CA 92683 Huntington Beach,CA 921,
Long Beach,CA 92802-4302
California Coastal Commission 25 Stephen 33 Chl rowning 39
South Coast Area Office HB Union High c Disrict Meadowlar
200 Oceangate,10th Floor 10251 Yorktown Avenue 16771 Roosevelt Lane
Long Beach,CA 92802-4302 Huntington Beach,CA 92646 Huntington Beach,CA 1264
Ro se h 26 C C. 34 Hearthside Homes 40
Caltrans Disin Marshall Krup ident 6 Executive Circle,Suite 250
3337 Michelson Drive, e 380 204 Nata Irvine,CA 92614
Irvine,CA 92612-1699 Newport Beach,CA 92660
rC
ctor 27 Gore e�_st College 35 Bolsa C d Trust 41
Loc to Enf.Agy. Attn: Fred 5200 Warner Av Ste. 108
O.C. Health Care 15744 Goldenwest St Huntington Beach,CA 9
P.O. Box 355 Huntington Beach CA 9264
Santa Ana,CA 92702
New Grow ordinator 28 O Harbors,Beach 36 Chica Land Trust 41
Huntington Beach o ffice and Parks Evan He resident
6771 Warner Ave. P. O.Box 4048 1812 Port Tiffin e
Huntington Beach,CA 92647 Santa Ana,CA 92702-404 Newport Beach,CA 92
Marc Ecker 29 un i Beach Mall 37 Steve Homer,Chairperson 42
------+eua Valley Elem.School Dist Attn:Pat Roge ude SEFf
17210 Oak Street 7777 Edinger Ave. P.O. Box 56
Fountain Valley CA 92708 Huntington Beach CA 9264 Huntington Beach, S
`bl Rutherford,Super. 30 Co View Estates HOA 38 OG'� on District 42
HB City E em hoof Dist Carrie Thom 10844 Ellis Av
20451 Craimer Lane 6642 Trotter Drive Fountain Valley CA 99
Huntington Beach,CA 92648 Huntington Beach �92 -
avi 30 View Estates HOA 38 Eri idegraft,Plant Manager 42
HB City Element 1 Dist Gerald i AES Huntin each,LLC
20451 Craimer Lane 6742 Shire Circle 21730 Newland Street
Huntington Beach,CA 9 -' Huntington Beach CA 92 Huntington Beach CA 92t 46
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MAILING LABELS—AuA,
G:Labels\Labels\Public Hearing
President 1 Huntington Harbor POA 10 ohnson 16
H.B.Chamber of Commerce P.orbm 19671 u' Lane
19891 Beach Blvd.,Ste. 140 Sunset Beach,CA 90 Huntington Beach,
Huntington Beach,CA 92648
Dave Stefanides 2 William D.Holman 11 Edna Littlebury 17
Orange County Assoc.of Realtors PLC Gidn St. Mob. Hm.Owners Leag.
25552 La Paz Road 19 Corporate Plaza Drive 11021 Magnolia Blvd.
Laguna Hills,CA 92653 Newport Beach CA 92660-7912 Garden Grove,CA 92642
e
s
3 Jeffrey M. Oderman 12 ""�Pxs CoastArchaeologi<al 18
sDa:$ pica RUTAN&TUCKER,LLP Society, nc Bolsa Chica Stree 312 611 Anton Blvd.,14'b Floor P.O. Box 10926
tington Beach,CA 92649 Costa Mesa CA 92626-1950 Costa Mesa,CA 92627
Attn:Jane Gothold
Sunset Beach Community Assoc. 4 Pres.,H.B.Hist. Society 13 for 19
PO�oPresident C/O Newland House Museum O.C. Ping. Services Dept.
2'15 19820 Beach Blvd. P.O. Box 4048Sunch,CA 90742-0 Huntington Beach,CA 92648 Santa Ana,CA 92702-4048
President 5 Community Services Dept 14 lc n 19
Huntington Beach Tomorrow Chairperson O.C. Public F� es.Dept.
PO Box 865 Historical Resources Bd. P. O.Box 4048
Huntington Beach,CA 92648 Santa Ana,CA 92702-4848
Julie Vandermost 6 Council on Aging 15 g Director 20
BIA-OC 170 rV City o esa
17744 Sky Park Circle,#170 Huntington Beach,CA 9264 P.O.Box 1200
Irvine CA 92614-4441 Costa Mesa,CA 92628-120
and Spicer 7 -Jeff meh 16 g Director 21
SCAG Seacliff HO City,o untain Valley
818 West 7th,12th Floo 19391 Shady H�bo 10200 SlaterLAngeles,CA 90017 Huntington Bea48 Fountain Valley,CA
_�.
E.T.I. Corral 100 8 oe 16 Director 22
Mary Bell Seacliff H City of e Beach
20292 Eastwood Cir. 19382 Surfdale Lane P.O.Box 1768
Huntington Beach,CA 92646 Huntington Beach,CA 92648 Newport Beach,CA 92663-
Ray Hiemstra 9 Lou ne 16 g Director 23
Environmental Board Chairman Seacliff HOA City om ster
214 191h Street#5 19821 Ocean Bluff Cir 8200 Westminster
Huntington Beach,CA 92648 Huntington Beach CA 92648 Westminster,CA 92683
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HB Legal Advertisement for December 8, 2005 Page 1 of 1
Lugar, Robin
From: Channels, Susan [Susan.Chan nels@latimes.com]
Sent: Monday, December 05, 2005 3:50 PM
To: 'Lugar, Robin'
Subject: RE: HB Legal Advertisement for December 8, 2005
Ad received 4 Columns wide, 6.5" length
Thank you
Nancy for:
Susan Channels
Daily Pilot, Huntington Beach Independent,
Coastline Pilot Newspapers
Legal Notices Dept.
PH (714) 966-4689 FAX(949)646-5008
-----Original Message-----
From: Lugar, Robin [mailto:rlugar@surfcity-hb.org]
Sent: Monday, December 05, 2005 2:32 PM
To: 'susan.channels@latimes.com'
Subject: HB Legal Advertisement for December 8, 2005
This add needs expanded advertising - 1/8 of a page. If you have any questions, please contact me at
(714) 536-5405. Thanks!
<<051219.DOC>>
12/5/2005
NOTICE OF R1W HEARING
f BEFORE THE ('�TY..,OUNCIL OF THE
i
CITY OF HU rTINGTON BEACH
NOTICE IS HEREBY GIVEN that on Monday; December 19, 2005 at 6:00 p.m.
in the City Council Chambers, 2000 Main Street, Huntington Beach, the City
Council will hold a public hearing on the following planning and zoning items:
❑ 1. ZONING TEXT AMENDMENT 05_Cl RELIGIOUS ASSEMBLIES- .
COMPLIANCE WITH RLUIPA 2000). Applicant: City of Huntington
Beach Request: To amend Chapters 204.16, 210.04, 212.04, and
230.06 of the HBZSO in order to comply with the Religious Land Use and
Institutionalized Persons Act (RLUIPA). Location: Citywide Project
Planner: Jason Kelley
NOTICE IS HEREBY GIVEN that Item No. 1 is categorically exempt from the
provisions of the California Environmental Quality Act.
ON FILE: A copy of the proposed request is on fife in the City Clerk's Office, .
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 December 15, 2005.
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
Department at 536-5271 and refer to the above items. Direct your written J .
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
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
am a Citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not a
party to or interested in the below entitled
matter. I am a principal clerk of the
HUNTINGTON BEACH INDEPENDENT,
a newspaper of general circulation,
printed and published in the City of
Huntington Beach, County of Orange,
State of California, and that attached
Notice is a true and complete copy as
was printed and published in the
Huntington Beach issue of said
newspaper to wit the Issue(s) of:
DECEMBER 8,2005
1 declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on DECEMBER 8,2005 _
at Costa Mesa, California. '
Signature ,!
NOTICE OF PUBLIC HEARING
f BEFORE THE CITY(,- ')NCIL OF THE
CITY OF HUNTING i"ON BEACH
NOTICE IS HEREBY GIVEN that on Monday, December 19, 2005 at 6:00 p.m.
in the City Council Chambers,,2000 Main Street, Huntington Beach, the City
Council will hold a public hearing on the following planning and zoning items:
C3 1. ZONING TEXT AMENDMENT 05-01 (RELIGIOUS ASSEMBLIES-
COMPLIANCE WITH RLUIPA 2000): Applicant: City of Huntington
Beach Request: To.amend Chapters 204.16, 210.04, 212.04, and
230.06 of the HBZSO in order to comply with the Religious Land Use and
Institutionalized Persons Act (RLUIPA). Location: Citywide Project
Planner: Jason Kelley
NOTICE IS HEREBY GIVEN that Item No. 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 City Clerk's Office,
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 December 15, 2005.
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
Department at 336-5271 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
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
I am a Citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen-years;--and-not- a--
- - - -
party to or interested in the below entitled
matter. I am a principal clerk of the
HUNTINGTON BEACH INDEPENDENT,
a newspaper of general circulation,
printed and published in the City of
Huntington Beach, County of Orange,
State of California, and that attached
Notice is a true and complete- copy as
was printed and published in the
Huntington Beach issue of said
newspaper to wit the Issue(s) of:
DECEMBER 8,2005
I declare, under penalty of perjury, that
the foregoing is true and correct.
rn
Executed on DECEMBER 8,2005 €
at Costa Mesa, California.
Signature �- o
James W.Daniels 650 Town Center Drive,20th Floor
Direct Dial:(714)755-8151 Costa Mesa,Califomia 92626-1925
james.daniels@Iw.com Tel:(714)540-1235 Fax:(714)755-8290
E- www.lw.com
L AT H A M&W AT K� l�l+ AM 1 j. 3} FIRM/AFFILIATE OFFICES
d- 1 Boston New York
Brussels Northern Virginia
Chicago Orange County
IT
Y 0 J' Frankfurt Paris
11 U N T 1 i l G T tl' ,3 F-PA C 1.1 Hamburg San Diego
December 9, 2005 Hong Kong San Francisco
London Shanghai
Los Angeles Silicon Valley
Milan Singapore
City of Huntington Beach Moscow Tokyo
Huntington Beach Civic Center New Jersey Washington,D.C.
2000 Main Street
Huntington Beach, CA 92648
Attn: City Clerk
Re: Zoning Text Amendment No. 05-01
Dear Sir or Madam:
This letter is directed to you on behalf of our client, The Roman Catholic Bishop of
Orange ("RCBO"). Our client has requested that we write to you on its behalf.
On December 7, 2005, we wrote to you on behalf of RCBO to object to the referenced
Zoning Text Amendment. That objection specifically related to a parcel occupied by Sts. Simon
& Jude Parish where a zone change was being required in connection with very modest
renovation work on the property. Since the date of my earlier letter,we are advised that no zone
change will be required in connection with this proposed renovation and, on that basis,we
withdraw the earlier objection of RCBO. While we assume that the renovation will proceed
without incident, we of course, reserve, on behalf of RCBO,the right to raise a further objection
if a zone change again appears to be an issue.
Very truly' yours,
VlJ 4'�t�tc.�1lQ
James W. Da(niels
of LATHAM & WATKINS LLP
cc: Mr. Joseph Novoa
Everett Martinez
00792368.1
James W.Daniels 650 Town Center Drive,20th Floor
Direct Dial:(714)755-8151 Costa Mesa,California 92626-1925
james.daniels@lw.com Tel:(714)540-1235 Fax:(714)755-8290
www.lw.com
LATHAM&W AT K I N S LLp FIRM/AFFILIATE OFFICES
Boston New York
Brussels Northern Virginia
Chicago Orange County
Frankfurt Paris
Hamburg San Diego
December 7, 2005 Hong Kong San Francisco
London Shanghai
Los Angeles Silicon Valley
Milan Singapore
City of Huntington Beach Moscow Tokyo
Huntington Beach Civic Center New Jersey Washington,D.C.
2000 Main Street
Huntington Beach, CA 92648
Attn: City Clerk
Re: Zoning Text Amendment No. 05-01 q
C
Dear Sir or Madam: -- -
This letter is directed to you on behalf of our client, The Roman Catholic Bisog of
Orange ("RCBO"). Our client has requested that we write to you on its behalf concerning th�,
referenced Zoning Text Amendment. .- w
On behalf of RCBO, we hereby object to the adoption of the Zoning Text Amendment
and request that the item be reconsidered by the City Council. The specific ground for this
request is that the Amendment does not achieve the purpose intended, to effect compliance of the
Zoning and Subdivision Ordinance with the Religious Land Use and Institutionalized Persons
Act ("RLUIPA"). Specifically, the Amendment fails to achieve the stated intent by failing to
reconcile inconsistencies between the General Plan and the Zoning and Subdivision Ordinance as
to at least one property owned by RCBO. That property is the parcel occupied by St. Simon &
Jude parish which is, apparently, zoned P under the General Plan and zoned RL under the Zoning
and Subdivision Ordinance. This inconsistency will, in connection with pending and future
modifications to the property, result in significant hardship to RCBO which will give rise to a
violation under RLUIPA.
At your early convenience,please advise me when this matter will be scheduled for
rehearing. Should you have any questions concerning this matter, please contact me or have the
City Attorney contact me at your early convenience.
Very truly yours,
James W. Daniels
of LATHAM & WATKINS LLP
cc: Mr. Joseph Novoa
Everette Martinez
00791725.1 ✓
ORDINANCE NO. 3 7 2 4
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING VARIOUS SECTIONS OF THE OF
THE HUNTINGTON BEACH ZONING AND SUBDIVISION
ORDINANCE RELATING TO RELIGIOUS ASSEMBLY/LAND US
The City Council of the City of Huntington Beach does hereby ordain as foll s:
SECTION 1. Section 204.16, subsection K, of the Huntington Beach ning and Subdivision
Ordinance is hereby amended to read as follows:
K. Tent Event. Allows for the overflow of any assembly for a per' d not to exceed 72 consecutive
hours and not more than once every 3 months.
SECTION 2. Section 210.04 of the Huntington Beach Zoni g and Subdivision Ordinance is
hereby amended to read as follows:
210.04 RL,RM, RMH,RH, and RMP Districts: Land Use ontrols
L-3 A conditional use permit from the Planning Commissi is required, and only schools operating in
conjunction with religious services are permitted as accessory use. A General Day Care facility
may be allowed as a secondary use, subject to a co itional use permit, if the Planning Commission
finds that it would be compatible with adjacent ar "as and not cause significant traffic impacts.
SECTION 3. Section 212.04 of the Huntin on Beach Zoning and Subdivision Ordinance is
hereby amended to change the Use Classification ofeligious Assembly to ZA and to delete subsection L-
10.
SECTION 4. Section 230.06 of the Intington Beach Zoning and Subdivision Ordinance is
hereby deleted in its entirety.
SECTION 5. This ordinances 11 become effective 30 days after its adoption.
PASSED AND ADOPTED by he City Council of the City of Huntington Beach at a regular meeting
thereof held on the day of , 2005.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk Y4city' ttorney UIIz 2,pS"
REVIEWED AND APPROVED: INITIA AND APPROVED:
City dm' istrator
7Director of Planning
ord/05 zoning Rlulpa
H. B. INDEPENDENT
PUBLISH DATE: 1/12/06
CITY OF HUNTINGTON BEACH
LEGAL NOTICE
ORDINANCE NO. 3724
Adopted by the City Council on JANUARY 3, 2006
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING VARIOUS
SECTIONS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION
ORDINANCE RELATING TO RELIGIOUS ASSEMBLY/LAND USE"
SYNOPSIS:
ZONING TEXT AMENDMENT NO.05-01 MODIFIES FOUR SECTIONS OF THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE IN ORDER TO COMPLY WITH THE RELIGIOUS LAND
USE AND INSTITUTIONALIZED PERSONS ACT(RLUIPA) OF 2000. THE CHANGES MODIFY THE
HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY TAKING A PRO-ACTIVE
MEASURE TO COMPLY WITH FEDERAL LAW. THE AMENDMENT ENSURES THAT RELIGIOUS
ASSEMBLY USES ARE PROTECTED UNDER RLUIPA CITYWIDE.
COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held January 3, 2006 by the following roll call vote:
AYES: Green, Coerper, Sullivan, Hardy, Hansen, Cook
NOES: None
ABSENT: Bohr
This ordinance is effective 30 days after adoption.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
714-536-5227
JOAN L. FLYNN, CITY CLERK
I;, CITY OF HUNTINGTON BEACH
reLj 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
NOTICE OF ACTION
January 10, 2006
Planning Department
City of Huntington Beach
2000 Main Street
Huntington Beach CA 92648
SUBJECT: ZONING TEXT AMENDMENT NO. 05-01 (Religious Assembly—Compliance With
RLUIPA 2000)
APPLICANT: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648
LOCATION: Citywide
DATE OF
ACTION: January 3, 2006
On Tuesday, January 3, 2006 the City Council of the City of Huntington Beach approved Zoning Text
Amendment No. 05-01 with findings for approval (attached). Enclosed is page 7 of the Action Agenda
from the January 3, 2006 meeting.
If you have any questions, please contact Jason Kelley, Assistant Planner at (714) 374-1553, or the
Planning Department Zoning Counter at(714) 536-5561.
Sincerely,
v-
1+,4 K
an L. Flynn
City Clerk
JF:pel
Attachments
(G:IPCW0A105\ZTA 05-01) Attachment 1.1
(Tei a pho n e:714-536-5227)
(7) January 3, 2006 - Council/Agency Agenda - Page 7
Motion to:
Approve the projects as shown in the 2006 State and Federal Legislative Funding
Priorities List (Attachment 1) as those projects to be the focus of the City's funding
efforts in the coming year.
Approved as amended to highlight Senior Center and Harbour Dredging projects
and to change the verbiage of Bo/sa Chica project from "acquisition"to
"enhancement."
�. Ordinances
G-1. Ordinance for Adoption
G-1a. (City Council) Adopt Ordinance No. 3724 Amending Various Sections of
the Huntington Beach Zoning and Subdivision Ordinance Relating to Religious
Assembly/Land Use (450.20) — Ordinance No. 3724 — `An Ordinance of the City of
Huntington Beach Amending Various Sections of the Huntington Beach Zoning and
Subdivision Ordinance Relating to Religious Assembly/Land Use."
(Approved for Introduction December 19, 2005)
Recommended Action: After City Clerk reads by title, adopt Ordinance No. 3724, by
roll call vote.
Approved 6-0-1 (Bohr absent)
Council Comments - (Not Agendized)
At this time Councilmembers may report on items not specifically described on the
agenda which are of interest to the community. No action or discussion may be taken
except to provide staff direction to report back or to place the item on a future agenda.
Recess to Closed Session at 7:00 p.m.
Council/Agency Adjournment at 8:48 p.m. to an Adjourned Regular Meeting
Monday, January 9, 2006, at 6:00 p.m., in Council Chambers, Civic Center, 2000
Main Street, Huntington Beach, California.
The next regularly scheduled Council meeting is Tuesday, January 17, 2006 at 4:00
p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California.
CoUndiYAgency Agendas and Minutes are Available at No Charge to the Public,at the City
Cterk's Office,,,'on the:City's Website,,Via:Email, and Through Paid Subscription:=;Complete
Agenda P1 6ke"'ts>ere' Available at the:Central Library and Library Branches,on Friday,Prior
toiftrrtgs Uiclectapes of Council Meetings are Available for Checkout at the Central
Library"at"No Charge.
FINDINGS FOR APPROVAL
ZONING TEXT AMENDMENT NO. 05-01
FINDINGS FOR APPROVAL—ZONING TEXT AMENDMENT NO. 05-01:
1. Zoning Text Amendment No. 05-01 to amend various sections of the Zoning and Subdivision
Ordinance is consistent with the objectives, policies, general land uses and programs
specified in the General Plan and any applicable specific plan because the amendments
delete specific development requirements only for religious assembly uses to ensure
protection under the Religious Land Use and Institutionalized Persons Act (RLUIPA)
citywide.
2. In the case of a general land use provision, the zoning text amendment is compatible with
g p 9 p
the uses authorized in, and the standards prescribed for, the zoning district for which it is
proposed. The amendment will apply to religious assembly uses citywide. The amendment
will create consistent development requirements for religious assembly uses and other
assembly uses.
3. A community need is demonstrated for the proposed zoning text amendment. The proposed
changes will ensure that the City is in compliance with the standards of the federally
mandated RLUIPA. Additionally, Zoning Text Amendment No. 05-01 will apply consistent
development standards to religious assembly uses and other assembly uses citywide.
4. Its adoption will be in conformity with public convenience, general welfare and good zoning
practice. The amendment will result in the City's ability to provide for freedom of religion and
religious assembly in accordance with Federal law and consistent with the goals and policies
of the General Plan.
w
I ti
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
' CITY OF
HUNTINGTON BEACH
I am a Citizen of the United States and a LEGAL NOTICE
resident of the Count aforesaid; I am ORDINANCE City O.
y Adopted by the City Council
over the-age of eighteen years, and not a on JANUARY 3,2006
,,AN-ORDINANCE OF°THE
party to or interested in the below entitled CITY O MENDHUNTINGTON
BEACHOF
matter. I am a principal clerk of the THREOUHUNTIINGTON
BEACH ZONING AND
HUNTINGTON BEACH INDEPENDENT, SUBDIVISION ORDI-
NANCE RELATING .TO
a newspaper of general circulation, RELIGIOUS
ASSEMBLY/LAND USE"
printed and published in the City of SYNOPSIS Z O NI N G T E X T
Huntington Beach County of Orange ,AMENDMENT1M N UR
> > O1 MODIFIES FOUR
State of California, and that attached SECTIONS OF THE
HUNTINGTON BEACH
II-
Notice is a true and complete copy as ZONING AND ORDINANCE
IN
VISION ORDINANCE IN
ORDER TO COMPLY
was printed and published in the WITH THE RELIGIOUS
LAND USE'AND INSTI-
Huntington Beach issue of said TUTIONALIZED. PER-
SONS'ACT (RLUIPA) OF
newspaper to wit the Issue(s) of. MOD THE CHANGES
l l MODIFY THE HUN-
TINGTON BEACH ZON-
ING AND SUBDIVISION
ORDINANCE BY,TAKING
A PRO-ACTIVE. MEA-
SURE TO COMPLY
WITH FEDERAL- LAW.
THE AMENDMENT EN-
SURES THAT RELIGIOUS
ASSEMBLY USES ,ARE
PROTECTED UNDER
RLUIPA CITYWIDE.
,COPIES OF THIS OR-
DINANCE ARE AVAIL-
ABLE IN TH,E CITY
CLERK'S-OFFICE. __
-PASSED AND ADOPTED'
by.the City Council of
I declare, under penalty of perjury, that the city Beach at
Huntington
t a regular
meeting held,Jar uary 3,
the foregoing is true and correct. 2006 by the `following
roll call vote:
AYES: Green,, Coerper,
Sullivan, Hardy, Hansen,
Cook
Executed on JANUARY 12,2006 NOES:'None
ABSENT:Bohr
at Costa Mesa, . This ordinance is
California effective 30 days after,
adoption.
CITY bF
HUNTINGTON BEACH'
'2000 MAIN STREET
HUNTINGTON BEACH,
.- �... . CA 92648_
714-536-5227
Signature
JOAN L.FLYNN, '
CITY CLERK
Published Huntington
Beach Independent Jan-
nary 12,2006 012-773