Loading...
HomeMy WebLinkAboutTime Limits for Entitlements - Code Amendment 87-12 - Ordina Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, y California, Number A-6214• dated 29 September, 1961, and A-2483.1, dated 11 June. 1963. \, (.!� STATE OF CALIFORNIA County of Orange PuclK Noun Aoventetnd Covered by the" enldewl s so ere point !!! , with 10 plce Column width o if` 41 I am a Citizen of the United States and a resident of PUBLIC NOTIC the County aforesaid; I am over the age of eighteen NOTICE OF PUBLIC HEARING years, and not a party to or interested in the below CODE AMENDMENT NO.87-12 entitled matter. I am a principal clerk of the Orange Time Limits for Entitlements Coast DAILY PILOT, with which is combined the (Projects) NOTICE IS HEREBY NEWS-PRESS, a newspaper of general circulatiorr, GIVEN that the Huntington Beach City Council will hold printed and published in the City of Costa Mesa, a public hearing in the Coun- cil Chamber at the Hunt- County of O State of California, and that a ington Beach Civic Center, y Orange, 2000 Main Street, Hunt- Notice of Pllbl1 C ea r i n ington Beach, California, on g the date and the time in- dicated below to receive and consider the statements of all persons who wish to be heard relative to the appli- caion described below. of which copy attached hereto is a true and complete DATE/TIME: Monday, ,May 16, 1988,7:00 PM. copy, was printed and-published in-the Costa Mesa, APPLICATION NUMBER: Code Amendment No,87-12 Newport Beach, Huntington Beach, Fountain Valley, APPLICANT:City of Hunt- ington Beach Irvine, the South .Coast communities and Laguna LOCATION:City Wide REQUEST: To. amend Beach issues of said newspaper for one ',Articles 981,983 and 984 of !the Huntington Beach Ordi- consecutive weeks to wit the issue(s) of nance Code to revise the time limits for conditional :exception in conjunction with another application and I time limit for projects receiv- ing final approval from the May 5 8 Coastal Commission. 198 �the ON FILE: A copy of the proposed request is on file in Department of Com- munity Development, 2000 198 Main Street, Huntington Beach,California 92648,for inspection by the public. ALL INTERESTED PER- , 198 ALL are invited to attend said hearing and express opinions or submit evidence for or against the application 198 as outlined above. If there are any further questions please call Susan Pierce,As- sociate Planner at 536-5271. 198 Alicia M.Wentworth,City 'Clerk, City of Huntington Beach Dated 4/29/88 Published Orange Coast I declare, under penalty of perjury, that the Daily Pilot May 5, 1988h663 foregoing is true and correct. -- Executed on _ May 9 , 198 8 at Costa Mesa, California. Signature r PROOF OF PUBLICATION REQUE6 T FOR CITY COUNCIL--'ACTION Date May 16 19RR Submitted to: Honorable Mayor and City Council I �' ' CITY C0UIVCIi Submitted by: Paul E. Cook, City Administrator j-(�- _ Prepared by: Douglas La Belle, Director of Community Developme _ �. M CITY CLERIC' Subject: CODE AMENDMENT NO. 87-12 _ —--- T1ME LAUTS" R Consistent with Council Policy? Wyes ( ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions, Attachments: STATEMENT OF ISSUE: Transmitted for your consideration is Code Amendment No. 87-12 which amends Articles 981, 983, and 984 of the Huntington Beach Ordinance Code to revise the time limits for a conditional exception (variance) application and to allow for an extension of time. This item was introduced at the April 18, 1988 meeting, however, the Ordinance representing the Planning Commission's recommendation was unintentionally omitted. (Ordinance 2940A). However, City Council approved staff's recommendation and directed an ordinance be prepared. (Ordinance 2940B). The Planning Commission acted to approve Code Amendment No. 87-12 on December 1, 1987. RECOMMENDATION: Planning Commission action on December 1, 1987: On motion by Leipzig and second by Schumacher, the Planning Commission voted to approve Code Amendment No. 87-12 with the following findings and recommend adoption by the City Council by the following vote: Ayes: Silva, Schumacher, Higgins, Pierce, Leipzig, Summerell, Livengood Noes: None Absent: None Abstain: None Findings for Approval: 1. Revisions to time limits reduces the repetitive review of applications necessary to complete a project. 2. Revisions to time limits creates a more systematic entitlement process. 3. Revisions to time limits is not in conflict with any element of the General Plan. Staff recommendation is to approve Ordinance No. 2940B. Plo 5/85 ANALYSIS: Code Amendment No. 87-12 proposes two changes to the Ordinance Code: (1) to allow a conditional exception (variance) to be extended when in conjunction with another entitlement (i.e. conditional use permit, use permit, tentative tract); and (2) to permit corresponding time limits for projects when they include a coastal development permit which has received final approval from the California Coastal Commission. Conditional Exception (Variance) Time Limits: Currently, conditional exceptions (variances) are the only entitlements which cannot be extended and are valid for one year from date of approval, regardless of whether or not they are in conjunction with another project. If a property owner or developer does not commence construction within the one year time frame, a new conditional exception (variance) must be filed (this includes a fee and new plans). In addition, if the conditional exception (variance) is originally approved concurrently with another entitlement (i.e. conditional use permit, administrative review, use permit, etc.), those entitlements may be extended but the conditional exception (variance) cannot. This creates double paper work for the applicant and staff. The logic behind this was to create a sunset clause in case the provisions of the zoning code had changed and the conditional exception (variance) no longer made sense. In the past five years, the cases of conditional exception (variance) filings have all been approved. It is recommended that provisions to allow one year extensions of time be adopted for conditional exceptions (similar for other entitlements), when the conditional exception (variance) is in conjunction with another entitlement. This will eliminate redundant processing. It should be noted that extensions of time are not automatic and are subject to review and approval by the original approving body (Zoning Administrator or Planning Commission). If the zoning code has changed, the extension of time request could be denied; or if the approving body wishes to reconsider the variance, a public hearing could be scheduled. Entitlement Time Limits when in Conjunction with a Coastal Development Permit Approved by the California Coastal Commission: The Huntington Beach Ordinance Code provides for certain time limits for various entitlements (see November 3, 1987 attachment). The typical time limit is one year from date of City approval with provisions for one-year time extensions. A coastal development permit not in conjunction with another entitlement, is valid for one year. If it is accompanying another entitlement, it is valid for the life of the adjoining entitlement. In the event the coastal development permit is appealed to the California Coastal Commission, an up to a six month period can elapse until it is reviewed. If approved by the California Coastal Commission, it is valid for two years. However, the applicant has lost up to six months in time on accompanying entitlements approved by the City. RCA / 5-16-88 -2- (0063d) F Appeal to Appeal to Planning City Coastal Commission Council Commission Application Approved Approved Approved Time Limit Coastal Development ( -Coastal Commission Period-) Permit 4-3-87 5-3-87 11-3-87 11-3-89 Conditional Use Permit ( -City Period- or Variance 4-3-87 5-3-87 5-3-88 11-3-89 (Typical (Proposed expiration Time) date) The time frame example above illustrates that the California Coastal Commission approval creates an offset in the expiration dates for projects approved by the California Coastal Commission. The Planning Commission did not concur with staff's recommendation to bring all approvals in synchronization where a variance or conditional use permit, as an example, will be valid for the same length of time as the coastal development permit when approved by the California Coastal Commission. Instead, the Planning Commission felt that the expiration period for all applications filed concurrent with a coastal development permit receiving final approval from the Coastal Commission should be one year from that action. No change is proposed for entitlement time limits if the coastal development permit is not appealed to the California Coastal Commission. ENVIRONMENTAL STATUS: Code Amendment No. 87-12 is exempt from the provisions of the California Environmental Quality Act. FUNDING SOURCE: Not applicable. ALTERNATIVE ACTION: 1. Adopt Ordinance No. 2940B to allow an application in conjunction with a Coastal Development Permit receiving final approval from the Coastal Commission a time limit concurrent with the Coastal Commission's expiration date. 2. Deny Code Amendment No. 87-9. ATTACHMENT: 1. Ordinance 2940A 2. Staff reports dated October 20, November 3, and December 1, 1987. 3. Planning Commission minutes of October 20, November 3 and December 1. 4. Ordinance 2940B DLB:MA:SP:gbm RCA / 5-16-88 -3- (0063d) huntington beach department of community development STAf f Eff%ORIE TO: - .Planning Commission.FROM: Community Development - DATE: October 20, 1987 SUBJECT: CODE AMENDMENT NO. 87-12 - TIME LIMITS FOR ENTITLEMENTS (PROJECTS) APPLICANT: City of Huntington Beach LOCATION: City Wide REQUEST: To revise the time limits for conditional exceptions in conjunction with another application, and time limits for projects receiving final approval from the Coastal Commission. 1 . 0 SUGGESTED ACTION: Approve Code Amendment No . 87-12 and recommend adoption by the City Council . 2 . 0 GENERAL INFORMATION: Code Amendment No . 87-12 revises the time limits for conditional exception (variance) applications in conjunction with another application and time limits for projects receiving final approval from the Coastal Commission. 3 . 0 ENVIRONMENTAL STATUS: Categorically exempt from the provisions of the California Environmental Quality Act. 4 . 0 ISSUES AND ANALYSIS: Code Amendment No . 87-12 amends Articles 981, 983 and 984 to allow the time limits for a conditional exception (variance) application to expire on the latest expiration date applicable to any other permit or approval for a project including any extensions that might be granted. This amendment would negate the filing of and public hearing for a new conditional exception (variance) when the Zoning Administrator, Planning Commission or City Council grants a one-year extension of time for applications such as Administrative Review, Use Permit, Conditional Use Permit, Tentative Parcel Map, Tentative Tract Map or Coastal Development Permit. ARX A-f M-23C The three articles are -further amended to apply to -projects which receive final approval from the Coastal Commission. Because the Coastal Commission' s process is more_ lengthy-_in-_nature- =and has a - . two-year time limit, staff recommends that entitlements -in conjunction with a coastal development permit that is subject to - - Coastal Commission final review be valid until the coastal :development permit ' s expiration da.te .. -- — --" 5 . 0 RECOMMENDATION: Staff recommends that the Planning Commission approve Code Amendment No . 87-12 and forward to the City Council for adoption. ATTACHMENTS: 1. Draft Ordinance SH:SP: kla _ -�9283d) Staff Report _= 10/20%87 _ _" _'._ y_._2__- _ huntington beach department of community development STA EPORT TO: Planning Commission FROM: Community Development DATE: November 3, 1987 SUBJECT: CODE AMENDMENT NO. 87-12 (CONTINUED FROM THE OCTOBER 20, 1987 PLANNING COMMISSION MEETING) APPLICANT: City of Huntington Beach s LOCATION: City Wide REQUEST: To allow . for extensions of time for a conditional exception (variance) when processed and approved in conjunction with another application; and to revise the time limit for a project in conjunction with a coastal development permit which has received final approval from the California Coastal Commission. 1 . 0 . ANALYSIS: i On October 20 , 1987, the Planning Commission continued Code Amendment No . 87-12 and directed staff to further clarify the proposed changes to the Huntington Beach Ordinance Code. Staff proposes two changes to the code: (1) to allow a conditional exception (variance) to be extended when in conjunction with another entitlement (i .e. conditional use permit, use permit, tentative tract) ; and (2) to permit corresponding time limits for projects when they include a coastal development permit which has received final approval from the California Coastal Commission. t conditional Exception (variance) Time Limits : i Currently, conditional exceptions (variances) are the only entitlements which cannot be extended and are valid for one year li from date of approval, regardless of whether or not they are in conjunction with another project . If a property owner or developer does not commence construction within the one year .time frame, a new conditional exception (variance) must be filed (this includes a fee and new plans) . In addition, if the conditional exception (variance) is originally approved concurrently with another entitlement (i .e. conditional use permit, administrative review, use permit, etc. ) , those entitlements may be extended but the conditional exception (variance) cannot. This creates double paper work for the applicant and staff . The logic behind this was to A-F M-23C create a sunset clause in case the provisions of the zoning code had changed and the conditional exception (variance) no longer made sense. In the past five years, the cases of conditional exception (variance) filings have all been approved. It is recommended that provisions to allow one year extensions of time be adopted for conditional exceptions (similar for other entitlements) , when the conditional exception (variance) is in conjunction with another entitlement . This will eliminate redundant processing . It should be noted .that extensions of time are not automatic and are subject to review and approval by the original approving body (Zoning Administrator or Planning Commission) . If the zoning code has changed, the extension of time request could be denied; or if the approving body wishes to reconsider the variance, a public hearing could be scheduled. Entitlement Time Limits when in Conjunction with a Coastal Development Permit Approved by the California Coastal Commission: The Huntington Beach Ordinance Code provides for certain time limits for various entitlements (see Attachment #1) . The typical time limit is one year from date of City approval with provisions for one-year time extensions . A coastal development permit not in conjunction with another entitlement, is valid for one year . If it is accompanying another entitlement , it is valid for the life of the adjoining entitlement . In the event the coastal development permit is appealed to the California Coastal Commission, an up to a six month period can elapse until it is reviewed. If approved by the California Coastal Commission, it is valid for two years . However, the applicant has lost up to six months in time on accompanying entitlements approved by the City. Appeal to Appeal to Planning City Coastal Commission Council Commission Application Approved Approved Approved Time Limit Coastal Development ( -Coastal Commission Period-) Permit 4-3-87 5-3-87 11-3-87 11-3-89 Conditional Use Permit ( -City Period- or Variance 4-3-87 5-3-87 5-3-88 11-3-89 (Typical (Proposed expiration Time) date) Staff Report - 11/3/87 -2 (9371d) The time frame example above illustrates that the California Coastal Commission approval creates an offset in the expiration dates for projects approved by the California Coastal Commission. It is recommended to bring all approvals in synchronization where a variance or conditional use permit, as an example, will be valid for the same length of time as the coastal development permit when approved by the California Coastal Commission. No change is proposed for entitlement time limits if the coastal development permit is not appealed to the California Coastal Commission. 2 . 0 RECOMMENDATION: Staff recommends that the Planning Commission approve Code Amendment No . 87-12 with the following findings and forward to the City Council for adoption. FINDINGS FOR APPROVAL : 1 . Revisions to time limits reduces the repetitive review of applications necessary to complete a project . 2 . Revisions to time limits creates a more systematic entitlement process . 3 . Revisions to time limits is not in conflict with any element of the General Plan. 3 . 0 ALTER.NATIVE ACTION : The Planning Commission may continue Code Amendment No . 87-12 . ATTACHMENTS: 1 . Time Limit Comparison 2 . Staff report dated October 20, 1987 SH: SP: kla Staff Report - 11/3/87 -3- (9371d) v ' , ENTITLEMENT TIME LIMIT PERIODS Current Provisions for One Year Current Proposed Extension Entitlement Time Limit* Time Limit of Time _ Conditional 1 year (no 1 year** No*** Exception extensions (Variance) allowed) Coastal 1 year (or Yes Development Concurrent Permit with entitlement) Use Permit 1 year 1 year** Yes administrative 1 year l year** Yes Review Conditional 1 year 1 year** Yes UTse Permit Conditional 2 years 2 years** Yes Use Permit ( for PRD) Tentative 2 years 2 years Yes Parcel Map Tentative Tract 2 years 2 years Yes * Provisions for one-year extensions included unless otherwise noted. ** Includes proposed extended length of time only when the entitlement is approved in conjunction with a coastal development permit that was approved by the California Coastal Commission (applicable if entitlement was in conjunction with a coastal development permit which was appealed and approved by California Coastal Commission) . *** Recommended change to allow one-year extension of time. huntington beach department of community development STAf ®R TO: Planning Commission - - - FROM: Community Development DATE: December 1, 1987 SUBJECT: CODE AMENDMENT NO. 87-12 (CONTINUED FROM THE NOVEMBER 3, 1987 PLANNING COMMISSION MEETING) APPLICANT: City of Huntington Beach LOCATION: City Wide REQUEST: To allow for extensions of time for a conditional exception (variance) ; when processed and approved in conjunction with another application; and to revise the time limit for a project in conjunction with a coastal development permit which has received final approval from the California Coastal Commission. 1 . 0 ANALYSIS. Code Amendment No . 87-12 was continued from the November 3, 1987 Planning Commission meeting to revise the draft Ordinance to allow all Conditional Exceptions the possibility of an extension of time. Section 9837. 1 has been renumbered to be consistent with Section 9816 . 1 through Section 9816 . 1 .2 . As part of the on-going Division 9 rewrite, the Planning -Commission will be reviewing future code amendments necessary to refine and reduce repetition of the administration articles in Chapter 98. 2 . 0 RECOMMENDATION: Staff recommends that the Planning Commission approve Code Amendment No. 87-12 with the following findings and forward to the City Council for adoption. FINDINGS FOR APPROVAL: 1 . Revisions to time limits reduces the repetitive review of applications necessary to complete a project . 2 . Revisions to time limits creates a more systematic entitlement process . 3 . Revisions to time limits is not in conflict with any element of the General Plan. 1- A-F M-23C 3 . 0 ALTERNATIVE ACTION: The Planning Commission may consider allowing applications, in conjunction with a coastal development permit that has been appealed and approved by the California Coastal Commission, to be valid for one year from date of California Coastal Commission approval in lieu of two years . ATTACHMENTS• 1. Revised Draft Ordinance 2 . Staff reports dated October 30 and November 3 , 1987 SH: SP:kla Staff Report - 12/1/87 -2- (9521d) 2 . The granting of a Conditional Exception (Variance) No. 87-81 will not be materially detrimental to' the public "welf are, or injurious to property in the same zone classifications . Proper landscaping will soften the building facade. 3 . The granting of the conditional exception (variance) will not adversely affect the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL: 1 . All conditions of approval for Conditional Exception (Variance) No . 86-10 shall apply. i CODE AMENDMENT NO. 87-12 - TIME LIMITS FOR ENTITLEMENTS (PROJECTS) APPLICANT: CITY OF HUNTINGTON BEACH Code Amendment No. 87-12 revises the time limits for conditional exception (variance) applications in conjunction with another application and time limits for projects receiving final approval from the Coastal Commission. ENVIRONMENTAL STATUS: Categorically exempt from the provisions of the California Environmental Quality Act. UAZ RECOMMENDATION: Approve Code Amendment No. 87-12 and recommend adoption by the City Council . THE PUBLIC HEARING WAS OPENED There were no persons present to speak for or against the code amendment and the public hearing was closed. The Commission was concerned with the elimination of public hearings as a result of the code amendment especially with entitlements in conjunction with coastal permits . They were concerned with the loss of control on coastal permits and suggested that the time limits be revised only for conditional exceptions in conjunction with conditional use permits . They did not feel that the code amendment was clearly. presented by staff and requested a continuance on the matter . d PC Minutes - 10/20/87 -12- (9399d) a'ins A MOTION WAS MADE BY LIVENGOOD, SECOND BY PIERCE, TO CONTINUE CODE +" AMENDMENT NO. 87-12 TO THE NOVEMBER 3 , 1987 PLANNING COMMISSON MEETING BY THE FOLLOWING VOTE: AYES : Silva, Schumacher, Higgins, Pierce, Leipzig, Livengood NOES: None ABSENT: Summerell ABSTAIN: None JMTI N PASSED C-6 AP ICANT: CITY OF HUNTINGTON BEACH Code Amendm ZIt No . 87-11 adds provisions to Article 960, Off-Street Parking and Landscaping, to establish minimum standards for parking structures . \ ENVIRONMENTAL Categorically esemp from the provisions of the California Environmental QualityK\Act . TAFF RECMMENDATION: Approve Code Amendment No .. 87-11 and recommend adoption by the City Council . \ THE PUBLIC HEARING WAS OPENED` There was no one present to speak for or against the code amendment and the public hearing was closed. It was suggested by the Commission. that this item be continued so that further studies could be made '�egarding regulations for the design of parking structures especially with the number of ingress and egress opportunities, design components, different standards for private developments and whether the sze of parking spaces should be universal . \ A MOTION WAS MADE BY LIVENGOOD, SECOND Bi,.SILVA, TO CONTINUE CODE AMENDMENT NO. 87-11 TO, THE DECEMBER 1, 198 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Higgins , Pierce. eipzig, Livengood NOES: None ABSENT: Summerell ABSTAIN: None TION PASSED PC Minutes - 10/20/87 =13- (9379d) :,E :..R, 20. Project to be secured b� y a perimeter fence. Upon'congaencement r � of combustible construction, a 24 hour security guard on site will be required. "x 21. Beach Boulevard driveway shall be 30 foot width (CalTrans .A approved) . 22 . All building spoils, such as unusable lumber, wire, pipe, and ' ? other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 23 . The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department . f 24 . All signage shall comply with Article 961 of the Huntington '.' Beach Ordinance Code. 25 . Length of stay shall be limited to 24 hours minimum and 30 day maximum. ` C-5 CODE AMENDMENT NO, 87-12 APPLICANT: CITY OF HUNTINGTON BEACH On October 20, 1987, the Planning Commission continued Code ' Amendment No. 87-12 and directed staff to further clarify the proposed changes to the Huntington Beach Ordinance Code. Staff proposes two changes to the code: (1) to allow a conditional - s exception (variance) to be extended when in conjunction with another entitlement ( i .e. conditional use permit, use permit, tentative tract) ; and (2) to permit corresponding time limits for projects when they include a coastal development permit which has received final approval from the California Coastal Commission. STAFF RECOMMENDAIION: Approve Code Amendment No . 87-12 with findings and forward to the City Council for adoption. THE PUBLIC HEARING WAS OPENED There was no one present to speak for or against the code amendment and the public hearing was closed. The Commissioners discussed one year extensions on conditional exceptions and the synchronization of entitlements with coastal development permits . There was still a lot of confusion regarding the code amendment and it was suggested that straw votes be taken with the results incorporated and a continuance to the December 1, ' ' i , 1987 meeting. t PC Minutes - 11/3187 -15- j.7 A STRAW VOTE MOTION WAS MADE BY LEIPZIG, SECOND BY SILVA, TO ALLOW f .. . CONDITIONAL EXCEPTIONS TO BE EXTENDED ON WRITTEN APPLICATION (NO FEE) AFTER REVIEW BY THE PLANNING COMMISSION OR BODY THAT ORIGINALLY GRANTED APPROVAL, WITH THE DISCRETION OF THAT BODY AS TO THE REQUIREMENT OF A PUBLIC HEARING, BY THE FOLLOWING VOTE: AYES: Silva, Higgins , Pierce, Leipzig, Summerell NOES: Schumacher ABSENT: Livengood ABSTAIN: None STRAW VOTE MOTION PASSED A STRAW VOTE MOTION WAS MADE BY PIERCE, SECOND BY HIGGINS, TO ALLOW CONDITIONAL USE PERMITS TO COINCIDE WITH TIMING ON COASTAL DEVELOPMENT PERMIT APPROVALS, BY THE FOLLOWING VOTE: AYES: Silva, Higgins , Pierce, Summerell NOES: Leipzig ABSENT: Livengood ABSTAIN: Schumacher STRAW VOTE MOTION PASSED A LOTION WAS MADE BY LEIPZIG, SECOND BY HIGGINS, TO CONTINUE CODE .:AMENDMENT NO. 87-12 TO THE DECEMBER 1, 1987 PLANNING COMMISSION MIEETING, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Higgins, Pierce, Leipzig, Summerell NOES: None ABSENT: Livengood ABSTAIN: None MOTION PASSED C-6 _CQDE AMENDMENT NO, 87-9 APPL NT: CITY OF HUNTINGTON BEACH Code Amendment\No . 87-9 was continued from the October 6, 1987 Planning Commison meeting with direction to forward copies of the proposed ordinanc to several interest groups and homeowner ' s associations as weli, as those persons who spoke during the public hearings relating to"v\ariances for block walls on through lots in the Harbor area . STAFF RECOMMENDATION: Approve Code AmendmentX7withindings and recommend adoption by the City Council . THE PUBLIC HEARING WAS PC Minutes - 11/3/87 -16- (9474d) 24 . No live a orals shall be kept on the site. 25 . The Planning Commission reserves the right to revoke Conditional U e Permit No. 87-47 if any violation of these conditions or -he Huntington Beach Ordinance Code occurs . C-- 7 CUI)r,._.AMENDMENT--NO .._._$7-12 APPLICANT: C..ITY OF HUNTINGTON BEACH Code Amendment No . 87- 12 was continued from the November 3, 1987 Planning Commission meeting to revise the draft Ordinance to allow all Conditional Exceptions the possibility of an extension of time. Section 9837 . 1 has been renumbered to be consistent with Se4Pon 9816 . 1 through Section 9816 . 1 . 2 . As part of the on-going Aision 9 rewrite, the Planning Commission will be reviewing future code amendments necessary to refine and reduce repetition of the administration articles in Chapter 98 . STAFF RE MMENDATION: Staff recommends that the Planning Commission approve Code Amendment No . 87 -12 with the fallowing findings and forward to the City Council for adoption .. 'mLt' PUBLIC: [TEARING WAS ()PENED There was no one present. to speak for or against the code amendment and the public hears-n-g was closed. The Commission felt that applications, in conjunction with coastal development permits that have been appealed and approved by the California Coastal Commission, should be valid for one year from date of California Coastal Commission approval in lieu of two years . A MOTION WAS MADE BY LEIPZIG, SECOND BY SCHUMACHER, TO APPROVE CODE AMENDMENT NO. 87--12 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES. Silva, Schumacher, Higgins, Pierce, Leipzig, Summerell, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPRO%AL: 1 . Revisions to time limits reduces the repetitive review of applications necessary to complete a project . PC Minutes - 12/1/87 -21- ..� (9656d) ORDINANCE NO . _two g AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 9816 . 1 , 9837 . 1 , 9837 . 1 . 1 9837 . 1 .2 AND 9843 RELATING TO TIME LIMITS (CODE AMENDMENT NO. 87-12 ) The City Council of the City of Huntington Beach does ordain as follows : SECTION 1 . The Huntington Beach Ordinance Code is hereby amended by amending sections 9816 . 1 , 9837 . 1 , 9837 . 1 .1 , 9837 . 1 .2 and 9843 to read as follows : 9816 . 1 Time Limit . Each Conditional Exception (Variance ) or use permit authorized under the provisions of this article which is not actually established or the actual construction commenced within one ( 1 ) year from the date of final approval shall become null and void . Except, each Conditional Exception (Variance) in conjunction with any other entitlement for the project shall expire on the latest expiration date applicable to the project . A Conditional Exception (Variance) or Use Permit in conjunction with a Coastal Development Permit which receives final approval from the California Coastal Commission shall expire concurrent with the Coastal Commission 's expiration date. Upon written request by the applicant or property owner , the Zoning Administrator may grant an extension of time not to exceed one year . S . 9837 . 1 TIME LIMIT . Each Conditional Exception (Variance) authorized under the provisions of this Article which is not actually established, or the actual construction commenced within one ( 1 ) year from the date of final approval , shall become null and void . Except, each Conditional Exception (Variance) in conjunction with any other entitlement for the project shall expire on the latest expiration date applicable to the project . A Conditional Exception (Variance) in conjunction with a Coastal Development Permit which received final approval from the California Coastal Commission shall expire concurrent with the Coastal Commission 's expiration date . Upon written request by the applicant or property owner, Planning commission may grant an extension of time not to exceed one year . - 1 - S. 9837 .1 .1. For the purpose of this Section, actual construction means that construction has started and is proceeding without undue delay . Preparation of plans, securing financial arrangements , issuance of building permits, letting of contracts, grading of the property, or stock piling of materials on the site shall not constitute actual construction. S. 9837 .1 .2 . When any use of land, building, or premises established under the provisions of this Article has been discontinued for a period of one ( 1 ) year, it shall be unlawful to again use such land, building or premises for such discontinued use unless a subsequent Conditional Exception (Variance ) is approved . S. 9843 TIME LIMIT. Each Conditional Use Permit authorized under the provisions of this article shall become null and void unless actual construction has commenced within one ( 1 ) year from the date of final approval . In the case of Conditional Use Permit applications for planned residential developments, said approval shall become null and void unless a final map has been recorded with the county recorder ' s office within twenty-four (24 ) months from date of final approval . A Conditional Use Permit in conjunction with a Coastal Development Permit which receives final approval from the California Coastal Commission shall expire concurrent with the Coastal Commission's expiration date. SECTION 2 . This ordinance shall take effect thirty days after its passage . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 1988 . Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney 4Dirc REVIEWED AND APPROVED: AND APPROVED: City Administrator of Communitnt ps - 2 - JZ0 NOTICE OF PUBLIC HEARING CODE AMENDMENT NO. 87-12 Time Limits for Entitlements (Projects) NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME: Monday, April 18., 1988, 7: 00 PM APPLICATION NUMBER: Code Amendment No. 87-12 APPLICANT: City of Huntington Beach LOCATION: City Wide REQUEST: To revise the time limits for conditional exception in conjunction with another application and time limit for projects receiving final approval from the Coastal Commission. ON FILE: A copy of the proposed request is on file in the Department of Community Development, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If there are any further questions please call Susan Pierce, Associate Planner at 536-5271. Alicia M. Wentworth ` City Clerk City of Huntington Beach (9256d-5) 1 Y NOTICE TO CLERK TO SCHEDULE PUBLIC HEARING ITEM /7 - ��- TO: CITY CLERK'S OFFICE DATE: FROM: PLEASE SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE FOR THE � - DAY OF O1.�h-� 198F. AP's are attached AP's will follow No AP' Initiated by: Planning Commission Planning Department r/ Petition * Appeal Other Adoption of Environmental Status (x) >� EIR ND NONE Has City Attorney' s Office been YES NO informed of forthcoming public hearing? Refer to Planning Department .- Extension #SZS() for additional information. * If appeal , please transmit exact wording to be required in the legal . Publish May 5, 1988 NOTICE OF PUBLIC HEARING CODE AMENDMENT NO. 87-12 Time Limits for Entitlements (Projects) NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME: Monday, May 16, 1988 , 7: 00 PM APPLICATION NUMBER: Code Amendment No. 87-12 APPLICANT: City of Huntington Beach LOCATION: City Wide REQUEST: To amend Articles 981, 983 and 984 of the Huntington Beach Ordinance Code to revise the time limits for conditional exception in conjunction with another application and time limit for projects receiving final approval from the Coastal Commission. ON FILE: A copy of the proposed request is on file in the Department of Community Development, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public . ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If there are any further questions please call Susan Pierce, Associate Planner at 536-5271. Alicia M. Wentworth City Clerk City of Huntington Beach Dated 4/25/88 Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California, Number A-6214, dated 29 September. 1961. and A-24831, dated 11 June. 1963. STATE OF CALIFORNIA County of Orange PuwK Noun •d.snlsrnp Cowsrsd q oy Ih snwswi a sit in point «Vh io p¢s cowrnn.wih I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen PUBLIC NOTICE f NOTICE OF years, and not a party to or interested in the below PUBLIC HEARING CODE AMENDMENT entitled matter. I am a principal clerk of the Orange NO 87-12 Time Limits Coast DAILY PILOT, with which is combined the for Entitlements (Projects) NEWS-PRESS, a newspaper of general circulation, NOTICE Is HEREBY GIVEN that the Huntington printed and published in the City of Costa Mesa, Beach City Council will hold _ a public hearing in the Coun- County of Orange, State of California, and that a cil Chamber at the Hunt- ington Beach Civic Center, PUC-11C Hearing 2000 Main Street, Hunt- Notice of ington Beach,California,on the date and time indicated below to receive and con- sider the statements of all persons who wish to be of which c0 attached hereto is a true and complete heard relative to the appli- py p cation descibed below. copy, was printed and published in the Costa Mesa, April 18, 1988,7:00 PMday, APPLICATION NUMBER: Newport Beach, Huntington Beach, Fountain Valley, CODE AMENDMENT NO. 87-12 Irvine, the South Coast communities and Laguna APPLICANT:City of Hunt- ington Beach Beach issues of said newspaper for one LOCATION:City Wide REQUEST: To amend consecutive weeks to wit the issue(s) of Articles 981,983,984 of the Huntington Beach Ordi- nance Code. To revise the time limits for conditional exception in conjunction with other application and April 7 the time limit for projects re- 198 8 ceiving final approval from the Coastal Commission. ON FILE: A copy of the proposed request is on file in 198 the City Clerk's Office,2000 Main Street, Huntington Beach,California,92648,for 198 inspection by the public. ALL INTERESTED PER- SONS are invited to attend - said hearing and express opinions or submit evidence 198 for or against the application as outlined above. If there are any further questions please call Susan Pierce,As- 198 sociate Planner at 536-5271. Alicia M.Wentworth,City Clerk, City of Huntinton Beach Published Orange Coast I declare, under penalty of perjury, that the Daily Pilot April 7, 1988 foregoing is true and correct. - Executed on April I 1 , 198 at sta Mesa, California. Signature fDQAiAc /1c 011111 If"dTit%U REQUEST FOR CITY COUNUL ACTION Date _April 4, 1988 Submitted to: Honorable Mayor and City Council Submitted by: Paul E. Cook, City Administrator'Re� Prepared by: Douglas La Belle, Director of Community Develop t Subject: CODE AMENDMENT NO. 87-12 TEME LBETS Consistent with Council Policy? Yes [ ] New Policy or Exception ff Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments:: STATEMENT OF ISSUE: Transmitted for your consideration is Code Amendment No. 87-12 which amends Articles 981, 983, and 984 of the Huntington Beach Ordinance Code to revise the time limits for a conditional exception (variance) application and to allow for an extension of time. The Planning Commission acted to approve Code Amendment No. 87-12 on December 1, 1987. RECOMMENDATION: Planning Commission action on December 1, 1987: On motion by Leipzig and second by Schumacher, the Planning Commission voted to approve Code Amendment No. 87-12 with the following findings and recommend adoption by the City Council by the following vote: Ayes: Silva, Schumacher, Higgins, Pierce, Leipzig, Summerell, Livengood Noes: None Absent: None Abstain: None Findings for Approval: 1. Revisions to time limits reduces the repetitive review of applications necessary to complete a project. 2. Revisions to time limits creates a more systematic entitlement process. 3. Revisions to time limits is not in conflict with any element of the General Plan. Staff recommendation is to approve Alternative Action No. 1. PIn 5/85 ANALYSIS: Code Amendment No. 87-12 proposes two changes to the Ordinance Code: (1) to allow a conditional exception (variance) to be extended when in conjunction with another entitlement (i.e. conditional use permit, use permit, tentative tract); and (2) to permit corresponding time limits for projects when they include a coastal development permit which has received final approval from the California Coastal Commission. Conditional Exception (Variance) Time Limits: Currently, conditional exceptions (variances) are the only entitlements which cannot be extended and are valid for one year from date of approval, regardless of whether or not they are in conjunction with another project. If a property owner or developer does not commence construction within the one year time frame, a new conditional exception (variance) must be filed (this includes a fee and new plans). In addition, if the conditional exception (variance) is originally approved concurrently with another entitlement (i.e. conditional use permit, administrative review, use permit, etc.), those entitlements may be extended but the conditional exception (variance) cannot. This creates double paper work for the applicant and staff. The logic behind this was to create a sunset clause in case the provisions of the zoning code had changed and the conditional exception (variance) no longer made sense. In the past five years, the cases of conditional exception (variance) filings have all been approved. It is recommended that provisions to allow one year extensions of time be adopted for conditional exceptions (similar for other entitlements), when the conditional exception (variance) is in conjunction with another entitlement. This will eliminate redundant processing. It should be noted that extensions of time are not automatic and are subject to review and approval by the original approving body (Zoning Administrator or Planning Commission). If the zoning code has changed, the extension of time request could be denied; or if the approving body wishes to reconsider the variance, a public hearing could be scheduled. Entitlement Time Limits when in Conjunction with a Coastal Development Permit Approved by the California Coastal Commission: The Huntington Beach Ordinance Code provides for certain time limits for various entitlements (see Attachment #1). The typical time limit is one year from date of City approval with provisions for one-year time extensions. A coastal development permit not in conjunction with another entitlement, is valid for one year. If it is accompanying another entitlement, it is valid for the life of the adjoining entitlement. In the event the coastal development permit is appealed to the California Coastal Commission, an up to a six month period can elapse until it is reviewed. If approved by the California Coastal Commission, it is valid for two years. However, the applicant has lost up to six months in time on accompanying entitlements approved by the City. RCA / 4-14-88 -2- (0063d) Appeal to Appeal to Planning City Coastal Commission Council Commission Application Approved Approved Approved Time Limit Coastal Development ( -Coastal Commission Period-) Permit 4-3-87 5-3-87 11-3-87 11-3-89 Conditional Use Permit ( -City Period- or Variance 4-3-87 5-3-87 5-3-88 11-3-89 (Typical (Proposed expiration Time) date) The time frame example above illustrates that the California Coastal Commission approval creates an offset in the expiration dates for projects approved by the California Coastal Commission. The Planning Commission did not concur with staff's recommendation to bring all approvals in synchronization where a variance or conditional use permit, as an example, will be valid for the same length of time as the coastal development permit when approved by the California Coastal Commission. Instead, the Planning Commission felt that the expiration period for all applications filed concurrent with a coastal development permit receiving final approval from the Coastal Commission should be one year from that action. No change is proposed for entitlement time limits if the coastal development permit is not appealed to the California Coastal Commission. ENVIRONMENTAL STATUS: Code Amendment No. 87-12 is exempt from the provisions of the California Environmental Quality Act. FUNDING SOURCE: Not applicable. ALTERNATIVE ACTION: 1. Amend Ordinance to allow an application in conjunction with a Coastal Development Permit receiving final approval from the Coastal Commission a time limit concurrent with the Coastal Commission's expiration date. 2. Deny Code Amendment No. 87-9. ATTACHMENT: 1. Ordinance 2. Staff reports dated October 20, November 3, and December 1, 1987. 3. Planning Commission minutes of October 20, November 3 and December 1. 4. Alternative Action Draft Ordinance DLB:MA:SP:gbm RCA / 4-14-88 -3- (0063d) Z. huntington beach department of community development STAf f EpORT TO: Planning Commission FROM: Community Development DATE: October 20, 1987 SUBJECT: CODE AMENDMENT NO. 87-12 - TIME LIMITS FOR ENTITLEMENTS (PROJECTS) APPLICANT: City of Huntington Beach LOCATION: City Wide REQUEST: To revise the time limits for conditional exceptions in conjunction with another application, and time limits for projects receiving final approval from the Coastal Commission. 1 . 0 SUGGESTED ACTION: Approve Code Amendment No. 87-12 and recommend adoption by the City Council . 2 . 0 GENERAL INFORMATION: Code Amendment No. 87-12 revises the time limits for conditional exception (variance) applications in conjunction with another application and time limits for projects receiving final approval from the Coastal Commission. 3 . 0 ENVIRONMENTAL STATUS: Categorically exempt from the provisions of the California Environmental Quality Act. 4 . 6 ISSUES AND ANALYSIS: Code Amendment No. 87-12 amends Articles 981, 983 and 984 to allow the time limits for a conditional exception (variance) application to expire on the latest expiration date applicable to any other permit or approval for a project including any extensions that might be granted. This amendment would negate the filing of and public hearing for a new conditional exception (variance) when the Zoning Administrator, Planning Commission or City Council grants a one-year extension of time for applications such as Administrative Review, Use Permit, Conditional Use Permit, Tentative Parcel Map, Tentative Tract Map or Coastal Development Permit. Anil A-F M-23C * r The three articles are further amended to apply to projects which receive final approval from the Coastal Commission. Because the Coastal Commission' s process is more lengthy -in nature and has a two-year time limit, staff recommends that entitlements in conjunction with a coastal development permit that is subject to Coastal Commission final review be valid until the coastal development permit ' s expiration date. 5 . 0 RECOMMENDATION: Staff recommends that the Planning Commission approve Code Amendment No. 87-12 and forward to the City Council for adoption. ATTACHMENTS: 1. Draft Ordinance SH:SP:kla V Staff Report - 10/20/87 -2- (9283d) i huntington beach department of community development 5TA f f SPORT TO: Planning Commission FROM: Community Development DATE: November 3, 1987 SUBJECT: CODE AMENDMENT NO. 87-12 (CONTINUED FROM THE OCTOBER 20, 1987 PLANNING COMMISSION MEETING) APPLICANT: City of Huntington Beach LOCATION: City Wide REQUEST: To allow for extensions of time for a conditional exception (variance) when processed and approved in conjunction with another application; and to revise the time limit for a project in conjunction with a coastal development permit which has received final approval from the California Coastal Commission. 1 . 0 ANALYSIS: On October 20, 1987, the Planning Commission continued Code Amendment No. 87-12 and directed staff to further clarify the proposed changes to the Huntington Beach Ordinance Code. Staff proposes two changes to the code: (1) to allow a conditional exception (variance) to be extended when in conjunction with another entitlement (i .e. conditional use permit, use permit, tentative tract) ; and (2) to permit corresponding time limits for projects when they include a coastal development permit which has received final approval from the California Coastal Commission. Conditional Exception (Variance) Time Limits: Currently, conditional exceptions (variances) are the only entitlements which cannot be extended and are valid for one year from date of approval, regardless of whether or not they are in conjunction with another project. If a property owner or developer does not commence construction within the one year time frame, a new conditional exception (variance) must be filed (this includes a fee and new plans) . In addition, if the conditional exception (variance) is originally approved concurrently with another entitlement (i .e. conditional use permit, administrative review, use permit, etc. ) , those entitlements may be extended but the conditional exception (variance) cannot. This creates double paper, work for the applicant and staff. The logic behind this was to 1JTA-F M-Z3C r create a sunset clause in case the provisions of the zoning code hae changed and the conditional exception (variance) no longer made sense. In the past five years, the cases of conditional exception (variance) filings have all been approved. It is recommended that provisions to allow one year extensions of time be adopted for conditional exceptions (similar for other entitlements) , when the conditional exception (variance) is in conjunction with another entitlement . This will eliminate redundant processing . It should be noted that extensions of time are not automatic and are subject to review and approval by the original approving body (Zoning Administrator or Planning Commission) . If the zoning code has changed, the extension of time request could be denied; or if the approving body wishes to reconsider the variance, a public hearing could be scheduled. Entitlement Time Limits when in Conjunction with a Coastal Development Permit Approved by the California Coastal Commission: The Huntington Beach Ordinance Code provides for certain time limits for various entitlements (see Attachment #1) . The typical time limit is one year from date of City approval with provisions for one-year time extensions . A coastal development permit not in conjunction with another entitlement, is valid for one year. If it is accompanying another entitlement, it is valid for the life of the adjoining entitlement . In the event the coastal development permit is appealed to the California Coastal Commission, an up to a six month period can elapse until it is reviewed. If approved by the California Coastal Commission, it is valid for two years . However, the applicant has lost up to six months in time on accompanying entitlements approved by the City. Appeal to Appeal to Planning City Coastal Commission Council Commission Application Approved Approved Approved Time Limit Coastal Development ( -Coastal Commission Period-) Permit 4-3-87 5-3-87 11-3-87 11-3-89 Conditional Use Permit ( -City Period- or Variance 4-3-87 5-3-87 5-3-88 11-3-89 (Typical (Proposed expiration Time) date) Staff Report - 11/3/87 -2- GO (9371d) The time frame example above illustrates that the California Coastal Commission approval creates an offset in the expiration dates for projects approved by the California Coastal Commission. It is recommended to bring all approvals in synchronization where a variance or conditional use permit, as an example, will be valid for the same length of time as the coastal development permit when approved by the California Coastal Commission. No change is proposed for entitlement time limits if the coastal development permit is not appealed to the California Coastal Commission. 2 . 0 RECOMMENDATION: Staff recommends that the Planning Commission approve Code Amendment No . 87-12 with the following findings and forward to the City Council for adoption. FINDINGS FOR APPROVAL: 1 . Revisions to time limits reduces the repetitive review of applications necessary to complete a project . 2 . Revisions to time limits creates a more systematic entitlement process . 3 . Revisions to time limits is not in conflict with any element of the General Plan. 3 . 0 ALTERNATIVE ACTION: The Planning Commission may continue Code Amendment No. 87-12 . ATTACHMENTS: 1 . Time Limit Comparison 2 . Staff report dated October 20, 1987 SH:SP:kla Staff Report - 11/3/87 -3- (9371d) ENTITLEMENT TIME LIMIT PERIODS Current Provisions for One Year Current Proposed Extension Entitlement Time Limit* Time Limit of Time Conditional 1 year (no 1 year** No*** Exception extensions (Variance) allowed) Coastal 1 year (or Yes Development Concurrent Permit with entitlement) Use Permit 1 year 1 year** Yes Administrative 1 year 1 year** Yes Review Conditional 1 year 1 year** Yes Use Permit Conditional 2 years 2 years** Yes Use Permit (for PRD) Tentative 2 years 2 years Yes Parcel Map Tentative Tract 2 years 2 years Yes * Provisions for one-year extensions included unless otherwise noted. ** Includes proposed extended length of time only when the entitlement is approved in conjunction with a coastal development permit that was approved by the California Coastal Commission (applicable if entitlement was in conjunction with a coastal development permit which was appealed and approved by California Coastal Commission) . *** Recommended change to allow one-year extension of time. (7 zffhuntington beach department of community development sA EPOR TO: Planning Commission FROM: Community Development DATE: December 1, 1987 SUBJECT: CODE ,AMENDMENT NO. 87-12 (CONTINUED FROM THE NOVEMBER 3, 1987 PLANNING. COMMISSION MEETING) APPLICANT: • City of Huntington Beach LOCATION: City Wide REQUEST: To allow for extensions of- time for a conditional exception (variance) ; when processed and approved in conjunction with another application; and to revise the time limit for a project in conjunction with a coastal development permit which has received final approval from the California Coastal Commission. 1.0 ANALYSIS: Code Amendment No. 87-12 was continued from the November 3, 1987 Planning Commission meeting to revise the draft Ordinance to allow all Conditional Exceptions the possibility of an extension of time. Section 9837. 1 has been renumbered to be consistent with Section 9816. 1 through Section 9816. 1.2. As part of the on-going Division 9 rewrite, the Planning Commission will be reviewing future code amendments necessary to refine and reduce repetition of the administration articles in Chapter 98. 2 .0 RECOMMENDATION: Staff recommends that the Planning Commission approve Code Amendment No. 87-12 with the following findings and forward to the City Council for adoption. FINDINGS FOR APPROVAL: 1. Revisions to time limits reduces the repetitive review of applications necessary to complete a project. 2. Revisions to time limits creates a more systematic entitlement process . 3 . Revisions to time limits is not in conflict with any element of the General Plan. A-F M-23C 3 0 ALTERNATIVE ACTION: The Planning Commission may consider allowing applications, in conjunction with a coastal development permit that has been appealed and approved by the California Coastal Commission, to be valid for one year from date of California Coastal Commission approval in lieu of two years. ATTACHMENTS: 1. Revised Draft Ordinance 2. Staff reports dated October 30 and November 3, 1987 SH:SP:kla 6 Staff Report - 12/1/87 =2- (9521d) 2 . The granting of a Conditional Exception (Variance) No. 87-81 will not be materially detrimental to the .public welfare, or injurious to property in the same zone classifications. Proper landscaping will soften the building facade. 3 . The granting of the conditional exception (variance) will not - . --adversely affect the General -Plan of -the City of Huntington - Beach. CONDITIONS OF APPROVAL: 1 . All conditions of approval for Conditional Exception (Variance) No. 86-10 shall apply. CODE AMENDMENT N0. 87-12 - TIME LIMITS FOR ENTITLEMENTS (PROJECTS) APPLICANT: CITY OF HUNTINGTON BEACH Code Amendment No. 87-12 revises the time limits for conditional exception (variance) applications in conjunction with another application and time limits for projects receiving final approval from the Coastal Commission. ENVIRONMENTAL STATUS: Categorically exempt from the provisions of the California Environmental Quality Act. STAFF RECOMMENDATION: Approve Code Amendment No. 87-12 and recommend adoption by the City Council . THE PUBLIC HEARING WAS OPENED -"- - There were no persons present to speak for or against the code amendment and the public hearing was closed. The Commission was concerned with the elimination of public hearings as a result of the code amendment especially with entitlements in conjunction with coastal permits. They were concerned with the loss of control on coastal permits and suggested that the time limits be revised only for conditional exceptions in conjunction with conditional use permits . They did not feel that the code amendment was clearly presented by staff and requested a continuance on the matter. PC Minutes - -10/20/87 -12- (9379d) A MOTION WAS MADE BY LIVENGOOD, SECOND- BY PIERCE, TO CONTINUE CODE AMENDMENT NO. 87-12 TO THE NOVEMBER 3, 1987 PLANNING COMMISSON MEETING BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Higgins, Pierce, Leipzig, Livengood NOES: None ABSENT: Summe re l l - - - - - - -- -- - - ABSTAIN: None NOTION PASSED C-6 D ND NT N 7-11 - PARKIN STRUCTURES AP ICANT: CITY OF HUNTINGTON BEACH Code Amendm t No. 87-11 adds provisions to Article 9601 Off-Street Parking and L ndscaping, to establish minimum standards for parking structures . - ENV I R NMENT L TA Categorically exemp from the provisions of the California Environmental Qualit Act. STAFF RECOMMENDATION: Approve Code Amendment No. 87-11 and recommend adoption by the City Council. THE PUBLIC HEARING WAS OPENED There was no one present to spe k for or against the code amendment and the public hearing was close . It was -suggested by the Commission that -this -item be continued so that further studies could be made egarding regulations for the design of parking structures especia ly with the number of ingress and egress .opportunities, - design. comp vents, different standards for private developments and whether the s' ze of parking spaces should . . be universal . A MOTION WAS MADE BY LIVENGOOD, SECOND B SILVA, TO CONTINUE CODE AMENDMENT NO. 87-11 TO, THE DECEMBER 1, 198 PLANNING COMMISSION MEETING, BY THE -FOLLOWING VOTE: AYES: Silva, Schumacher, Higgins, Pierce, eipzig, Livengood NOES: None ABSENT: Summerell ABSTAIN: None MOTION PASSED PC Minutes - . 10/20/87 _ -13- (9379d) _ 20 .- Project to -be secured by_ a perimeter fence. - Upon commencement of combustible construction, a 24 hour security guard on site - = will be required. - 21. Beach Boulevard driveway shall be 30 foot width (CalTrans approved) . 22 . All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 23 . The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department . 24 . All signage shall comply with Article 961 of the Huntington Beach Ordinance Code. 25 . Length of stay shall be limited to 24 hours minimum and 30 day maximum. -5 CODE AMENDMENT N0, 87-12 APPLICANT: CITY OF HUNTINGTON BEACH On October 20, 1987, the Planning Commission continued Code Amendment No. 87-12 and directed staff to further clarify the proposed changes to the Huntington Beach Ordinance Code. Staff proposes two changes to the code: (1) to allow a conditional exception (variance) to be extended when in conjunction with another entitlement (i .e. conditional use permit, use permit, tentative tract) ; and (2) to permit corresponding time limits for projects when they include a coastal development permit which has received final approval from the California Coastal Commission. STAFF RECOMMENDATION: Approve Code Amendment No. 87-12 with findings and forward to the City Council for adoption. THE PUBLIC HEARING WAS OPENED There was -no one present to speak for or against the code amendment and the public hearing was closed. The Commissioners discussed one year extensions on conditional exceptions and the synchronization of entitlements with coastal development permits . There was still a lot of confusion regarding the code amendment and it was suggested that straw votes be taken with the results incorporated and a continuance to the December 1, 1987 meeting. a PC Minutes - 11/.3/87 -15- (9474d) A STRAW VOTE MOTION WAS MADE BY LEIPZIG, SECOND BY SILVA, TO ALLOW CONDITIONAL EXCEPTIONS TO BE EXTENDED ON WRITTEN APPLICATION (NO FEE) AFTER REVIEW BY THE PLANNING COMMISSION OR BODY THAT ORIGINALLY GRANTED APPROVAL, WITH THE DISCRETION OF THAT BODY AS TO THE REQUIREMENT OF A PUBLIC HEARING, BY THE FOLLOWING VOTE: AYES: Silva, Higgins, Pierce, Leipzig, Summerell NOES: Schumacher ABSENT: Livengood ABSTAIN: None STRAW VOTE MOTION PASSED A STRAW VOTE MOTION WAS MADE BY PIERCE, SECOND BY HIGGINS, TO ALLOW CONDITIONAL USE PERMITS TO COINCIDE WITH TIMING ON COASTAL DEVELOPMENT PERMIT APPROVALS, BY THE FOLLOWING VOTE: AYES: Silva, Higgins, Pierce, Summerell NOES: Leipzig ABSENT: Livengood ABSTAIN: Schumacher STRAW VOTE MOTION PASSED A MOTION WAS MADE BY LEIPZIG, SECOND BY HIGGINS, TO CONTINUE CODE AMENDMENT NO. 87-12 TO THE DECEMBER 1, 1987 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Higgins, Pierce, Leipzig, Summerell NOES: None ABSENT: Livengood ' ABSTAIN: None MOTION PASSED C-6 DE AMENDMENT NO, 87-9 APPL CANT: CITY OF HUNTINGTON BEACH Code Amendment No. 87-9 was continued from the October 6, 1987 Planning Commis ' on meeting with direction to forward copies of the proposed ordinanc to several interest groups and homeowner ' s associations as we as those persons who spoke during the public hearings relating to ariances for block walls on through lots in the Harbor area. STAFF RECOMMENDATION: Approve Code Amendment No. 87 with findings and recommend adoption by the City Council. THE PUBLIC HEARING WAS OPENED PC Minutes - 11/3/87 -16- (9474d) - r- - � F 24 . No live animals shall be kept on the site. .- - . 25 . The Planning Commission reserves the right to revoke Conditional Use Permit No. 87-47 if any violation of these conditions or the Huntington Beach Ordinance Code occurs . C-7 CODE AMENDMENT NO, 87-12 APPLICANT: CITY OF HUNTINGTON BEACH Code Amendment No. 87-12 was continued from the November 3, 1987 Planning Commission meeting to revise the draft Ordinance to allow all Conditional Exceptions the possibility of an extension of time.. Section 9837. 1 has been renumbered to be consistent with Se ion 9816 . 1 through Section 9816 . 1.2 . As part of the on-going D�iision 9 rewrite, the Planning Commission will be reviewing future code amendments necessary to refine and reduce repetition of the administration articles in Chapter 98 . STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Code Amendment No . 87-12 with the following findings and forward to the City Council for adoption. THE PUBLIC HEARING WAS OPENED There was no one present to speak for or against the code amendment and the public hearing was closed. + The Commission felt that applications, in conjunction with coastal development permits that have been appealed and approved by the California Coastal Commission, should be valid for one year from date of California Coastal Commission approval in lieu of two years . r A MOTION WAS MADE BY LEIPZIG, SECOND BY SCHUMACHER, TO APPRQVE CODE AMENDMENT NO. 87-12 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Silva, Schumacher, Higgins, Pierce, Leipzig, Summerell, E Livengood NOES: None ' ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: :41 . Revisions to time limits reduces the repetitive review of applications necessary to complete a project . t PC Minutes _ 12/1/87 _ -2v1- „(9656d) 2 . Revisions to time limits creates a more systematic entitlement process. ,r 3 . Revisions to time limits is not in conflict with any element of s the General Plan. C-8 CODE AMENDMENT NO. 87-11 - PARKING STRUCTURES A PLICANT: CITY OF HUNTINGTON BEACH Code Ame dment No . 87-11 is a request to"establish regulations for the desig of parking structures . On October 20, 1987, the Planning = Commission continued Code Amendment No. 87-11 for additional review and discuss ' on. To date, staff has additional concerns relating to the propose ordinance. STAFF RECOMME ATION: Continue Code ndment No . 87-11 to the January 5, 1988 Planning Commission meeti with a study session prior to the meeting. A MOTION WAS MADE Y LIVENGOOD, SECOND BY PIERCE, TO CONTINUE CODE AMENDMENT NO. 87-11 TO THE JANUARY 5, 1988 PLANNING COMMISSION MEETING WITH A STUDY SESSION PRIOR TO THE MEETING, BY THE FOLLOWING VOTE: AYES: Silva, Schum her, Higgins, Pierce, Leipzig, Summerell, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED D. ITEMS NOT PUBLIC HEARING D-1 LIMITED SIGN PERMIT NO - 87- APPLLCANT: ACTION HOSPITAL S VICE CO. Limited Sign Permit No. 87-5 is a req st to permit a face change } for a non-conforming freestanding sign nd extend the sign's use for 2 years located at 16212 Gothard Street STAFF RECOMMENDATION: Deny Limited Sign rmit No. 87-5 with findings . r_ PC Minutes - 12/1/87 -22- 4 (9656d) v2 on ��- Draft 10-14-87 DRAFT ORDINANCE . TIME LIMITS 9816. 1 Time Limit. Each Conditional Exception (Variance) or use permit authorized under the provisions of this article which is not actually established or the actual construction commenced within one (1) year from the date of final approval shall become null and void. Except, each Conditional Exception (Variance) in conjunction with any other entitlement for the project shall expire on the latest expiration date applicable to the project. A Conditional Exception (Variance) or Use Permit in conjunction with a Coastal Development Permit which receives final approval from the California Coastal Commission shall expire concurrent with the Coastal Commission's expiration date. Upon written request by the applicant or property owner, the Zoning Administrator may grant an extension of time not to exceed one year. S. 9837. 1 TIME LIMIT. Each Conditional Exception (Variance) authorized under the provisions of this Article which is not actually established, or the actual construction commenced within one (1) year from the date of final approval, shall become null and void. Except, each Conditional Exception (Variance) in conjunction with any other entitlement for the project shall expire on the latest expiration date applicable to the project. A Conditional Exception (Variance) in conjunction with a Coastal Development Permit which received final approval from the California Coastal Commission shall expire concurrent with the Coastal Commission's expiration date. Upon written request by the applicant or property owner, Planning commission may grant an extension of time not to exceed one year. S. 9837.1.1. For the purpose of this Section, actual construction means that construction has started and is proceeding without undue delay. Preparation of plans, securing financial arrangements, issuance of building permits, letting of contracts, grading of the property, or stock piling of materials on the site shall not constitute actual construction. S. 9837. 1.2. When any use of land, building, or premises established under the provisions of this Article has been discontinued for a period of one (1) year, it shall be unlawful to again use such land, building or premises for such discontinued use unless a subsequent Conditional Exception (Variance) is approved. (952ld-3) S. 9843 TIME LIMIT. Each Conditional Use Permit authorized under the provisions of this article shall become null and void unless actual construction has commenced within one (1) year from the date of final approval. In the case of Conditional Use Permit applications for planned residential developments, said approval shall become null and void unless a final map has been recorded with the county recorder's office within twenty-four (24) months from date of final approval. A Conditional Use Permit in =" conjunction with a Coastal Development Permit which receives final ; approval from the California Coastal Commission shall expire _;. concurrent with the Coastal Commission's expiration date. (952ld-4) �{•gh„�h� O�nrn�n�oh �QC.Orrw►�I�'f'� ah ORDINANCE NO. AN ORDINANC.E OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 9816 . 1 , 9837 . 1 , 9837 . 1 . 1 9837 . 1 . 2 AND 9843 RELATING TO TIME LIMITS (CODE AMENDMENT NO. 87-12 ) The City Council of the City of Huntington Beach does ordain as follows : SECTION 1 . The Huntington Beach Ordinance Code is hereby amended by amending sections 9816 . 1 , 9837 . 1 , 9837 . 1 . 1 , 9837 . 1 . 2 and 9843 to read as follows : 9816 . 1 Time Limit . Each Conditional Exception (Variance ) or use permit authorized under the provisions of this article which is not actually established or the actual construction commenced within one ( 1 ) year from the date of final approval shall become null and void . Except , each Conditional Exception (Variance ) in conjunction with any other entitlement for the pro- ject shall expire on the latest expiration date applicable to the project . A Conditional Exception (Variance ) or -Use Permit in con- junction with a Coastal Development Permit which receives final approval from the California Coastal Commission shall expire one year from the Coastal Commission ' s- approval date . Upon written request by the applicant or property owner , the Zoning Administrator may grant an extension of time not to exceed one year . S . 9837 . 1 TIME LIMIT. Each Conditional Exception (Variance ) authorized under the provisions of this Article which is not actually established, or the actual construction commenced within one ( 1 ) year from the date of final approval , shall become null and void . Except , each Conditional Exception (Variance ) in conjunction with any other entitlement for the project shall expire on the latest expiration date applicable to the project . A Conditional Exception (Variance ) in conjunction with a Coastal Development Permit which received final approval from the California Coastal Commission shall expire one year from the Coastal Commission ' s approval date . Upon written request by the applicant or property owner , the Planning Commission may grant an --e-xt-e n-s-t o-n-o-f-t-i m e-n o-t-t o e x c e e d one yea r . 1 . S. 9837 . 1 . 1 . For the purpose of this Section, actual cons- truction means that construction has started and is proceeding without undue delay . Preparation of plans, securing financial arrangements , issuance of building permits, letting of contracts , grading of the property, or stock piling of materials on the site shall not constitute actual construction. S . 9837 . 1 . 2 . When any use of land, building, or premises established under the provisions of this Article has been dis- continued for a period of one ( 1 ) year , it shall be unlawful to again use such land, building or premises for such discontinued use unless a subsequent Conditional Exception (Variance ) is approved . S .9843 TIME LIMIT . Each Conditional Use Permit authorized under the provisions of this article shall be null and void unless actual construction has commenced within one ( 1 ) year from the date of final approval . In the case of Conditional Use Permit applications for planned residential developments , said approval shall become null and void unless a final map has been recorded with the county recorder ' s office within twenty-four ( 24 ) months from date of final approval . A Conditional Use Permit in conjunction with a Coastal Development Permit w ich receives final approval from-the a i ornia oas a Commission shall expire o_ne year from the Coastal Commission ' s approval date . SECTION 2 . This ordinance shall take effect thirty days after its passage . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 1988 . Mayor ATTEST: APPROVED AS TO FORM: City Clerk City !A orn REVIEWED AND APPROVED: ITIATED AND APPR V D: City Administrator r c or of Community De a pment ps 2 .