HomeMy WebLinkAboutZoning Text Amendment 01-07 - Ordinance 3517 - Coastal Devel •
CITY OF HUNTINGTON BEACH
Inter-Department Communication
TO: Connie Brockway, City Clerk
FROM: Gail Hutton, City Attorney
DATE: June 28, 2002
SUBJECT: Ordinance No. 3517- Typographical Error
RLS 2002-0345
This memo is to clarify that the Ordinance No. 3517 contains a typographical error. It appears
that "245.32 Appeals" was erroneously repeated at the end of subpart "F" on page 2. This
typographical mistake should not be codified.
Please contact me at your earliest convenience if you have any further questions.
GAIL HUTTON
City Attorney
PDA:2002 Memos:City Clerk-RLS 2002-0345-typo
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Council/Agency Meeting Held: ?�
Deferred/Continued to:
roved ❑ Conditionally A proved De i City Clerk's Signatur
_Council Meeting Date: December 3, 2001 Department ID Number: PL01-33
12-17-01 o1�D. A- �3SI �-� a 2f
CITY OF HUNTINGTON BEACH o ='
REQUEST FOR ACTION o
NJor
Cr r ,
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS "[j71
SUBMITTED BY: RAY SILVER, City Administrator Ooc-,
PREPARED BY: HOWARD ZELEFSKY, Director of Planning
SUBJECT: APPROVE ZONING TEXT AMENDMENT NO. 01-07 _ COASTAL
DEVELOPMENT PERMIT APPEAL LANGUAGE (Continued from
November 19, 2001 with public hearing open) OW.F N0, 35t-T
C
Statement 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. 01-07 a request by the
City of Huntington Beach to amend Chapter 245, Coastal Development Permit of the Zoning
and Subdivision Ordinance. The proposed amendment will clarify the language pertaining to
direct appeals to the Coastal Commission for coastal development permits located in the
appealable area of the coastal zone. The Planning Commission. and staff recommend
approval and adoption of the ordinance as proposed.
This item was continued from the November 5 and November 19, 2001 City Council
meetings, to allow staff additional time to refine the appeal language with the Coastal
Commission staff.
Funding Source: Not applicable.
Recommended Action:
PLANNING COMMISSION AND STAFF RECOMMENDATION:
Motion to:
"Approve Zoning Text Amendment No. 01-07 with findings for approval (ATTACHMENT NO.
3) and adopt Ordinance No. ,3-5/-1 (ATTACHMENT NO. 1)."
� i
REQUEST FOR ACTION
MEETING DATE: December 3, 2001 DEPARTMENT ID NUMBER: PL01-33
Planning Commission Action on October 9, 2001:
THE MOTION MADE BY LIVENGOOD, SECONDED BY SHOMAKER, TO APPROVE
ZONING TEXT AMENDMENT NO. 01-07, WITH FINDINGS (ATTACHMENT NO. 3)
CARRIED BY THE FOLLOWING VOTE:
AYES: LIVENGOOD, SHOMAKER, MANDIC, HARDY, KERINS, KOKAL, BORDEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
MOTION PASSED
Alternative Action(s):
The City Council may make the following alternative motion(s):
1. "Deny Zoning Text Amendment No. 01-07 with findings."
2. "Continue Zoning Text Amendment No. 01-07 and direct staff accordingly."
Analysis:
A. PROJECT PROPOSAL:
Applicant: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648
Location: Appealable areas of the Coastal Zone that lie within the City of Huntington
Beach
Zoning Text Amendment No. 01-07 is a request by the City of Huntington Beach to amend
Chapter 245 of the Huntington Beach Zoning and Subdivision Ordinance (ZSO) pertaining to
appeals of coastal development permits. Section 245.32, Appeals, contains unclear
language regarding the appeal procedures for projects located within the appealable area of
the coastal zone. The draft ordinance (Attachment No. 1) refines the language without
changing the required procedures as stated in Section 13573 of the Coastal Act.
B. PLANNING COMMISSION MEETING AND RECOMMENDATION:
On October 9, 2001, the Planning Commission held a public hearing to discuss Zoning Text
Amendment No. 01-07. There were no persons who spoke for or against the proposed text
amendment. Following staff's presentation, the Planning Commission unanimously
recommended approval of the text amendment to the City Council for adoption.
PL01-33 -2- 11/21/2001 1:35 PM
• •
REQUEST FOR ACTION
MEETING DATE: December 3, 2001 DEPARTMENT ID NUMBER: PL01-33
C. STAFF ANALYSIS AND RECOMMENDATION:
The existing language in the Zoning and Subdivision Ordinance states that action by the
Zoning Administrator, Planning Commission or City Council located within the appealable
area of the coastal zone may be appealed directly to the Coastal Commission, if a fee is
charged for local appeals. The existing language is consistent with the Coastal Act but is
unclear as to whether the local appeal fee should be charged if a project was appealed
directly to the Coastal Commission.
Section 13573 of the California Code of Regulations states that if a local jurisdiction charges
an appeal fee, then an appellant does have the right to appeal the City's action on a coastal
development permit directly to the Coastal Commission. Since the City charges fees for all
processing, including appeals, appellants may bypass the local appeal process and appeal
directly to the Coastal Commission. To staffs knowledge, this has not occurred; probably
due to the fact that local appeal processing is faster and there is a greater certainty
associated with decision making by local bodies. It should be noted the proposed
amendment only pertains to coastal development permits, which is typically required in
conjunction with a conditional use permit. The conditional use permit will still take the normal
appeal path.
In order to clarify the appeal language and remain consistent with state law, the proposed
ordinance revises the language to make direct reference to Section 13573. The proposed
ordinance does not change processing; however, the revision eliminates future text
amendments in the event local appeal fees are no longer charged or Section 13573 is
amended.
Coastal Commission staff and legal counsel reviewed the proposed legislative draft and
suggested the additional modifications:
• Add the word "administrative appeals" within the first paragraph to differentiate appeals
under the zoning code from an appeal to the court.
• Revise Section F to read, "An appeal to the Coastal Commission shall be processed in
accordance with the provisions of Sections 13110 through 13120 of the California Code
of Regulations" as opposed to citing each section individually.
Their comments and suggestions have been incorporated into the draft ordinance. Staff
believes the suggested changes eliminate any ambiguities and provides clear reference to
state law, which is consistent with other chapters of the Huntington Beach Zoning and
Subdivision Ordinance. Staff recommends the City Council approve Zoning Text
Amendment No. 01-07 as proposed.
PL01-33 -3- 11/21/2001 1:35 PM
REQUEST FOR ACTION
MEETING DATE: December 3, 2001 DEPARTMENT ID NUMBER: PL01-33
Environmental Status:
The proposed project is categorically exempt pursuant to Class 20, City Council Resolution
No. 4501, which supplements the California Environmental Quality Act.
Attachments :
City Clerk's
Page Number No. Description
1. Ordinance No. 2 S i7
2. Legislative Draft, Section 245.32
3. Findings for Approval, ZTA No. 01-07
4. Plarv*ig Cawntssian Stag Report dated.Octolaer 9, 2001
RCA Author: Jason KeAey/Mary Beth Broeren
PL01-33 -4- 11/21/2001 1:35 PM
I
ATTACHMENT 1
/2131of ,y,.Isr`
ORDINANCE NO. 3517
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE
HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY AMENDING
SECTION 245.32 THEREOF RELATING TO APPEALS OF COASTAL DEVELOMENT
PERMITS
WHEREAS,pursuant to the California State Planning and Zoning Law,the Huntington
Beach Planning Commission and Huntington Beach City Council have held separate, duly
noticed public hearings to consider Zoning Text Amendment No. 01-07 ,which amends
Section 245.32 of the Huntington Beach Zoning and Subdivision Ordinance relating to appeals
of Coastal Development Permits; and
After due consideration of the findings and recommendations of the Planning
Commission and all other evidence presented, the City Council finds that the aforesaid
amendment is proper and consistent with the General Plan,
NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. That Section 245.32 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
245.32 Appeals
Development pursuant to an approved Coastal Development Permit shall not commence until all
applicable administrative appeal periods expire or, if appealed, until all administrative appeals,
including those to the Coastal Commission,have been exhausted.
A. Action by the Zoning Administrator or Planning Commission to approve,
conditionally approve,or deny any Coastal Development Permit may be appealed on or before
the tenth working day following such action. Action by the Zoning Administrator may be
appealed to the Planning Commission. Action by the Planning Commission may be appealed to
the City Council. Appeals may be made directly to the Coastal Commission pursuant to Sections
13111 and 13573 of the California Code of Regulations for appealable development.
B. Action by the City Council on a Coastal Development Permit for appealable development
may be appealed directly to the Coastal Commission pursuant to Sections 13111 and 13573 of
the California Code of Regulations.
C. An appeal pursuant to this chapter may be filed only by the applicant for the Coastal
Development Permit in question, an aggrieved person, or any 2 members of the Coastal
Commission.
D. An appeal to the Planning Commission shall be filed with the Planning Department.
An appeal to the City Council shall be filed with the City Clerk. The appeal shall be
1
G:4:2001rd•amend 245_32-appeals
Rls 99-417
Rev. 10-11-01
accompanied by a fee set by resolution of the City Council and a statement of the grounds for the
appeal.
E. Notice of the local appeal shall be given as set forth in Section 245.20 or 245.22 and
shall be processed in accordance with the provisions of Section 248.20.
F. An appeal to the Coastal Commission shall be processed in accordance with the
provisions of Sections 13110 through 13120 of the California Code of Regulations.
245.32 Appeals
SECTION 2. This ordinance shall take effect thirty 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 17th day of December ,2001.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk 12 v-oi City Attorney r
REVIEWED AND APPROVED: INIT D AND APPROVED:
c����
City A inistrator i ctor of Planning
2
G*2001rd•amend 245_32-appeals
Rls 99-417
Rev. 10-11-01
Ord.No. 3517
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I,CONNIE BROCKWAY, 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 3rd day of December,2001,and was again read to said City
Council at a re ular meeting thereof held on the 17th day of December,2001,and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council.
AYES: Garofalo,Dettloff,Bauer, Cook,Houchen, Green, Boardman
NOES: None
ABSENT: None
ABSTAIN: None
I,Connie Brockway 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 Independent on
,2001
In accordance with the City Charter of said City City Clerk and ex-officio Clerk
Connie Brockway, City Clerk of the City Council of the City
Deputy City Clerk of Huntington Beach,California
g:/oni1nanc1ordbkpg2001.doc
ATTACHMENT 2
LEGISLATIVE DRAFT - �` -a'�' �7
245 32 Appeals
Development pursuant to an approved Coastal Development Permit shall not commence until all
applicable administrative appeal periods expire or, if appealed, until all administrative
appeals, including those to the Coastal Commission, have been exhausted.
A. Action by the Zoning Administrator or Planning Commission to approve,
conditionally approve, or deny any Coastal Development Permit may be appealed on or before
the tenth working day following such action Action by the Zoning Administrator may be
appealed to the Planning Commission. Action by the Planning Commission may be appealed to
the City Council Appeals may be made directly to the Coastal Commission
pursuant to Sections 13111 and 13573 of the California Code of Regulations
for appealable development.
or-eenditienally approve development leeated within the appea4able area of the eeastai zene may
eenditienal a .al .- e.....,1 . f a e ast..l .ieyel.,p e«t pe.......t f...leyel,...me t 1 � .1 tb.
rrYe , e Y Y Y T�'a j'=-TAG
carer.f...l.t....�...y als..be 1 .i .1 tl t tb. Coastal !`...�.«.. ssie« if fee. .har-..e f.
77�� bJ J J Yt+vw vu asaa vv�aJ av
1tleal appeal-
B. Action by the City Council on a Coastal Development Permit for appealable
development may be appealed directly to the Coastal Commission pursuant to
Sections 13111 and 13573 of the California Code of Regulations.the following
types ef develepments may be appealed te the Geastal Commissien in aeeef:dafire with Coastal
the appealable area of the eeastal zene.
C. An appeal pursuant to this chapter may be filed only by the applicant for the Coastal
Development Permit in question, an aggrieved person, or any 2 members of the Coastal
Commission.
D. An appeal to the Planning Commission shall be filed with the Planning Department
. An appeal to the City Council shall be filed with the City Clerk.
The appeal shall be accompanied by a fee set by resolution of the City Council and a statement
of the grounds for the appeal
3
G 4 2001rd amend 245_32-appeals
Ris 99-417
Rev 10-11-01
E.Notice of the local appeal shall be given as set forth in Section 245.20 or 245.22 and
shall be processed in accordance with the provisions of Section 248.20.
F. An appeal to the Coastal Commission shall be processed in accordance with the
provisions of Sections 13110 through 13120 1311 , 1312, and 131 3 of the California
Code of Regulations.
4
G 4 2001 rd amend 245_32-appeals
Rls 99-417
Rev 10-11-01
ATTACHMENT 3
SUGGESTED FINDINGS FOR APPROVAL
ZONING TEXT AMENDMENT NO.01-07
SUGGESTED FINDINGS FOR APPROVAL—ZONING TEXT AMENDMENT NO. 01-07:
1. Zoning Text Amendment No. 01-07 amending Chapter 245.32 A of the Huntington Beach Zoning and
Subdivision Ordinance by revising language that addresses direct appeal to the Coastal Commission
for any Zoning Admimstrator, Planning Commission,or City Council action within the appealable
area of the coastal zone is consistent with the objectives,policies, general land uses and programs
specified in the General Plan and any applicable specific plan. The revised ordinance will provide
more clear and consistent appeal procedures throughout the Zoning and Subdivision Ordinance.
2. The amended ordinance is compatible with the uses authorized in, and the standards prescribed for,
the zoning district for which it is proposed. The revised ordinance applies to all properties located
within the appealable area of the Coastal Zone that is subject to a coastal development permit. The
amendment clarifies the appeal language in order to provide a better public service to the residents of
Huntington Beach.
3. A community need is demonstrated for the change proposed. The amendment to the ordinance will
better accommodate the City and the public by clarifying confusing appeal language within the Zoning
and Subdivision Ordinance.
4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice.
The revised ordinance will result in the City's ability to provides clear and consistent language within
the Zoning and Subdivision Ordinance and ensure quality design and development within the coastal
zone.
ATTACHMENT 4
of�y of Huntington Beach Plannh..Department
STAFF REPORT
HUNnNOON BEACH
TO: Planning Commission
FROM: Howard Zelefsky, Director of Planning
BY: Jason Kelley,Assistant Planner 94
DATE: October 9, 2001
SUBJECT: ZONING TEXT AMENDMENT NO.01-07(Continued from August 28,2001 With
Public Hearing Open) Appeal of Coastal Development Permits
APPLICANT: City of Huntington Beach
LOCATION: Appealable areas of the Coastal Zone that lie within the City of Huntington Beach
STATEMENT OF ISSUE:
• Zoning Text Amendment No. 01-07 request:
- Amend the Huntington Beach Zoning and Subdivision Ordinance by modifying the appeal
procedures for coastal development permits.
• Continued Item:
Planning Commission meeting August 28, 2001. Planning Commission approved a continuance
to the September 25, 2001 Planning Commission meeting to allow staff additional time to discuss
appropriate language with the City Attorney and Coastal Commission staff. Due to the
cancellation of the September 25,2001 meeting, this item was rescheduled and advertised for the
October 9,2001 Planning Commission meeting.
• Staff s Recommendation: Approve Zoning Text Amendment No. 01-07 based upon the following:
- Proposed ordinance revision will clarify the appeal procedures within the appealable area of the
coastal zone.
RECOMMENDATION:
Motion to: "Approve Zoning Text Amendment No. 01-07 with findings(Attachment No. 1)and forward
to the City Council for adoption."
ALTERNATIVE ACTIONS:
The Planning Commission may take alternative actions such as:
A. "Deny Zoning Text Amendment No. 01-07 with the findings and forward to City Council."
B. "Continue Zoning Text Amendment No. 01-07 and direct staff accordingly."
PROJECT PROPOSAL:
Zoning Text Amendment No. 01-07 is a request by the City of Huntington Beach to amend Chapter
245.32 of the Huntington Beach Zoning and Subdivision Ordinance (ZSO) pertaining to appeals of coastal
development permits.
Based on unclear language regarding the appeal procedures for projects within the appealable area of the
coastal zone,the City Clerk initiated discussion with the City Attorney's office to amend the Zoning and
Subdivision Ordinance. The draft ordinance(Attachment No. 2)revises language regarding appeals that
are made directly to the Coastal Commission pursuant to Section 13573 of the Coastal Act.
ISSUES:
General Plan Conformance:
The proposed zoning text amendment is consistent with the City's General Plan,and the following goals
and objectives of the Land Use Element:
A. Land Use Element
Policy 4.2 3- Periodically, review and update the City's building and development codes and
regulations to ensure that they incorporate professionally accepted state-of-the-art standards.
The zoning text amendment will clarify the appeal procedures within the appealable area of the coastal
zone; thus providing clearer and concise service to the public.
Zoning Compliance:
This zoning text amendment will only affect those properties located within the appealable area of the
coastal zone and does not affect any development standards.
Urban Design Guidelines Conformance:
Not Applicable.
Environmental Status:
The proposed project is categorically exempt pursuant to Class 20, City Council Resolution No. 4501,
which supplements the California Environmental Quality Act.
Coastal Status
This project would be considered a minor amendment to the City's Local Coastal Program and will be
forwarded to the California Coastal Commission with other previously approved minor amendments.
Redevelopment Status:
Not applicable
Design Review Board:
PC Staff Report—10/09/01 -2- (01 sr34a ZTA 01-07)
Not applicable
Subdivision Committee:
Not applicable
Other Departments Concerns:
There were no concerns or comments raised by the other departments regarding the zoning text
amendment.
Public Notification:
The legal notice was published in the Huntington Beach/Fountain Valley Independent on August 16,2001
and September 27,2001. Notices were sent to individuaWorganizations requesting notification(Planning
Department's Notification Matrix),and interested parties. As of October 4, 2001,no communication
supporting or opposing the request has been received.
ANALYSIS:
The existing language in the Zoning and Subdivision Ordinance states that action by the Zoning
Administrator,Planning Commission or City Council located within the appealable area of the coastal
zone may be appealed directly to the Coastal Commission,if a fee is charged for local appeal. The City
Clerk's office believed that this language implied an arbitrary choice as to whether an appeal fee could be
charged on a given project,which could affect processing,and requested a revision.
However, state law provides for the above referenced provision. Section 13573 of the California Code of
Regulations states that if a local jurisdiction charges an appeal fee then an appellant does have the right to
appeal the action directly to the Coastal Commission. Since the City charges fees for all processing,
including appeals,appellants may bypass the local appeal process entirely and appeal directly to the
Coastal Commission. To staff's knowledge, this has not occurred: probably due to the fact that local
appeal processing is faster and there is a greater certainty associated with decision making by local bodies.
To address the concerns of the City Clerk and remain consistent with state law, the proposed ordinance
revises the language to make direct reference to Section 13573. Essentially,the proposed ordinance does
not change processing;however,the revision eliminates future text amendments in the event local appeal
fees are no longer charged or Section 13573 is amended.
Coastal Commission staff reviewed the proposed legislative draft and suggested additional modifications.
Their comments and suggestions have been incorporated into the draft ordinance. Staff recommends the
Planning Commission approve Zoning Text Amendment No. 01-07 and forward it to the City Council.
ATTACHMENTS:
1. Suggested Findings of Approval
2. Draft Ordinance
3. Legislative Draft
SH:HF:MBB:3K:rl
PC Staff Report— 10/09/01 -3- (01 sr34a ZTA 01-07)
• •
J, CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: HONORABLE MAYOR & CITY COUNCILMEMBERS
FROM: CONNIE BROCKWAY, City Clerk41B
DATE: November 28, 2001
SUBJECT: Item D-1 Zoning Text Amendment No. 01-07 (Coastal Development Permit
Language)
Honorable Mayor and Councilmembers:
At the November 5, 2001 Council meeting, Council, at my request, continued this public hearing
as the Request for Council Action (RCA—staff report) reflected that this code amendment was
initiated because of a concern of the City Clerk's Office with the current text language.
I have located my Request for Legal Services which was dated June 1999. The concern I had in
1999 related to a situation in which current city code was interpreted to require that the Bolsa
Chica Land Trust pay two appeal fees on the Sandover Project (Tentative Tract Map
15734/Conditional Use Permit 98-49 and Coastal Development Permit 98-17)when they had
already paid an appeal fee on the Mitigated Negative Declaration 98-11 on the project. (Coastal
Development Permit 98-17 was at that time deemed as a Coastal Development Permit
which was not appealable to the Coastal Commission.) The situation was resolved and the
Bolsa Chica Land Trust did not have to pay two appeal fees of$1,491 each.
The proposed Zoning Text Amendment on the agenda does not relate to the concern I had in
1999. However, it is my understanding that it does clarify our city code as it relates to Coastal
Development Permits that are appealable to the California Coastal Commission; in that it makes
it clear that if our city charges a person a fee to appeal any decision on an appealable Coastal
Development Permit, the appellant can go directly to the Coastal Commission for a decision for no
charge.
I hope this clarifies the matter.
Attachment
G:CBMemos\2001\120301-D-lItem-le.doc
hA, B
CITY OF HUNTINGTON BEACH
0 INTERDEPARTMENTAL COMMUNICATION
TO: Honorable Mayor and City Council Members
FROM: Connie Brockway, City Clerk C6
SUBJECT: November 19, 2001 City Council Meeting—Agenda Item No. D-1
Request for Continuance of Public Hearing —ZTA No. 01-07 (Coastal
Development Permit Appeal Language)
DATE: November 14, 2001
At the meeting of November 5, 2001 it was anticipated that the public hearing could be
continued to November 19, 2001; however the hearing's republishing time requirement made it
necessary to schedule the hearing for December 3, 2001.
Thank you.
Attachment RCA with attachments - 11/5/01 Council Meeting
Xc: Ray Silver, City Administrator
Elaine Kuhnke, Administrative Analyst
Howard Zelefsky, Planning Director
g lcbmemos2001/ZTA01-07Coastal.doc
CITY OF HUNTINGTON BEACH
Inter Office Communication
Planning Department
TO: Connie Brockway, City Clerk
FROM: Wayne Carvalho, Associate Planner
DATE: May 4, 1999
SUBJECT: APPEAL FEES FOR SANDOVER PROJECT
Planning staff concurs with your interpretation pertaining to the charging of appeal fees
on the Sandover project(Tentative Tract Map No. 15734, Conditional Use Permit No.
98-49, and Coastal Development Permit No. 98-17). Since a written appeal and appeal
fee were received by the Bolsa Chica Land Trust on the mitigated negative declaration, a
separate appeal fee on the project applications would not be required if filed by the same
organization. However,fees would be required if filed by any other party.
NOTICE OF PUBLIC HEARING
• BEFORE CITY COUNCIL OF THE
CITY X UNTINGTON BEACH
NOTICE IS HEREBY GIVEN that on Monday, pecember 3,2001,at 7:00
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
PROOF OF PUBLICATION items:
711. ZONING TEXT AMENDMENT NO. 01-07 (APPEAL OF
STATE OF CALIFORNIA) •. COASTAL DEVELOPMENT PERMITS): Applicant:City of
Huntington Beach Request:To amend Section 245.32 of the
SS. Huntington Beach Zoning and Subdivision Ordinance relating to
direct appeal to the California Coastal Commission for any Zoning
County of Orange Administrator, Planning Commission,or City Council action within
the appealable areas of the coastal zone.Location:Appealable
I am a Citizen of the United States and a areas of the coastal zone. Project Planner:Jason Kelley
resident of the County aforesaid; I am NOTICE IS HEREBY GIVEN that Zoning Text Amendment No.01-07 is
over the age of eighteen years, and not a categorically exempt from the provisions of the California Environmental
party to or interested in the below Quality Act.
entitled matter. I am a principal clerk of ON FILE:A copy of the proposed request is on file in the City Clerk's Offide,
the HUNT 1NGTON BEACH INDEPENDENT, a 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
newspaper of general circulation, printed City Clerk's Office after Thursday,November 2,2001.
and published in the City of Huntington
e Stated Of ALL INTERESTED PERSONS are invited to attend said hearing and
Beach, ' County of Orange, express opinions or submit evidence for or against the application as
California, and that attached Notice Is a outlined above. If you challenge the City Council's action in court,you may
true and complete copy as was printed be limited to raising only those issues you or someone else raised at the
public hearing described in this notice,or in written correspondence
and published in the Huntington Beach delivered to the City at,or prior to,the public hearing.If there are any further
and Fountain Valley issues of said questions,please call the Planning Department at 536-5271 and refer to the
newspaper to wit the issue(s) of: above items. Direct your written communications to the City Clerk.
Connie Brockway, City Clerk
City of Huntington Beach
2000 Main Street, 2nd Floor
Huntington Beach, California 92848
November 15, 2001 (714)536-5227
Published Huntington Beach Independent November 15,2001 113-496
1 declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on November 15 f 2001
at Costa Mesa, California.
Signature 0�;
r ' �
•
NMI a
MEETING DATE: November 19, 2001
DEPARTMENT SUBJECT:
REQUESTING:
Planning Zoning Text Amendment No. 01-04 (Entitlement Permit
Streamlining)
TODAY'S DATE October 31, 2001
VERIFIED BY
ADMININSTRATION: o
APPROVED BY: ,
Ray Sfiver
City Administrator
10/31/01 3:28 PM
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH
NOTICE IS HEREBY GIVEN that on Monday, November 19, 2001, at 7:00 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 NO. 01-04 (ENTITLEMENT PERMIT
STREAMLINING): Applicant: City of Huntington Beach Request: To amend
thirteen (13) chapters within the Huntington Beach Zoning and Subdivision
Ordinance and three (3) sections SP5 Downtown Specific Plan, codify certain
Planning Department policies and clarify sections of existing codes for
streamlining purposes. The proposed amendments are intended to reduce the
overall number of discretionary entitlement applications by allowing the use by
right or having a lower level discretionary body review the entitlement. Location:
Citywide Project Planner: Rosemary Medel
NOTICE IS HEREBY GIVEN that Item No. 1, Zoning Subdivision Ordinance No.
01-04 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 after Friday, November 16, 2001.
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
Connie Brockway, City Clerk
City of Huntington Beach
2000 Main Street, 2nd Floor
Huntington Beach, California 92648
(714) 536-5227
(g:1ega1s:CC\01 cc 1119)
PUOC HEARING NOTIFICATION CHECK10"B"
MAILING LABELS-October 15,2001
G:Labels\Labels\Public Hearing
Planning Dir. 21 Dr.Gary Rutherford erintendent 29 Country View Estate OA 37
City of Fo alley HB City Elemen chool Dist. Carrie Thoma
10200 r Ave. 20451 Cr ' ane 6642 Tr rive
Foun Valley,CA 92708 Huntingt each,CA 92648 Hun " on Beach CA 92648
Planning DjWAr 22 Jerry>Buche 29 Country View es HOA 37
City of tminster HB tary School Dist. Gerald an
820 estminster Blvd. 2045imer Lane 6744ige Circle
Westminster,CA 92683 Huntington Beach,CA 92648 Huntington Beach CA 92648
Planning Direct 23 James Jon 30 FIB Hampto A 37
City of Se c Oce w Elementary Keyst cific P.
ibtangmt Inc.
211 t. Sc District 16 on barman Avenue,Suite 200
Sea each,CA 90740 1 _00 Pinehurst Lane Irvine,CA 92606
Huntington Beach CA 92647
California Coastal Commission 24 Barbara W' s 31 Sally Graham 38
Theresa Henry Wes er School District Meado ea
South Coast Area Office 14 Cedarwood Avenue 51 lding Circle
200 Oceangate,loth Floor stminster CA 92683 Huntington Beach,CA 92649
Long Beach,CA 92802-4302
California Coastal Commission 24 Patricia Ko&lp# 32 Cheryle Bro 38
South Coast Area Office HI U gh School Disrict l�feadowl ea
200 Oceangate,loth Floor 10 orktown Avenue 167 oosevelt Lane
Long Beach,CA 92802-4302 Huntington Beach,CA 92646 Huntington Beach,CA 92649
Robert Jose 25 CSA 33 Hearthside Homes 39
Caltran tact 12 730 amino Way#200 6 Executive Circle,Suite 250
333 chelson Drive,Suite 380 T CA 92680 Irvine,CA 92614
Irvine,CA 92612-1699
Director 26 Golden ollege 34 Bolsa Chica d Trust 40
Local Solid Enf.Agy. Attu: Owens �'Ptvos
O.C. Care Agency 1 Goldenwest St. 48
P. ox 355 Huntington Beach CA 92647 tiagton Beach,CA 92649
anta Ana,CA 92702
New Growth Coordinator 27 OC County Harb Beach 35 Bolsa Chica rust 40
Huntington Beach Post Office and Parks D Evan , resident
6771 Warner Ave. P.O. 48 18 ort Tiffin Place
Huntington Beach,CA 92647 Santa ,CA 92702-4048 Newport Beach,CA 92660
Marc Eck 28 Huntington Beach Mall 36 John Sco 41
Foun alley Elementary School Dist. Attn:Pat Rogers-Laude SE
1 Oak Street 7777 Edinger Ave.#300 2 Capistrano Lane
Fountain Valley CA 92708 Huntington Beach CA 92647 Huntington Beach,CA 92646-8309
Bolsa Chica Land Trust 40
5901 Wamer Avenue,#103
Huntington Beach CA 92649-4659
PUO HEARING NOTIFICATION CHECK*1B"
MAILING LABELS-October 15,2001
G:Labels\Labels\Public Hearing
President 1 Huntingto<CA
OA 10
H.B.Chamber of Commerce P.O.
2100 Main Street,Suite 200 Sun ea , 42
Huntington Beach,CA 92648
Betty Jo Woollett 2 William D.Holman 11 Sue Johnson 16
Orange County Assoc.of Realtors PLC 19671 Quiet B
25552 La Paz Road 19 Corporate Plaza Drive Huntingt ach,CA 92648
Laguna Hills,CA 92653 Newport Beach CA 92660-7912
President 3 Mr.Tom Zanic 12 Edna Littlebury 17
Amigos De Bolsa �MlS� New Urban West Gldn St.Mob.Hm.Owners Leag.
16531 Bols treet,Suite 312 520 Broadway Ste. 100 11021 Magnolia Blvd.
Hun' Beach,CA 92649 Santa Monica,CA 90401 Garden Grove,CA 92642
Sunset Beach Community A 4 Pres.,H.B.Hist•Society 13 Pacific Coast Archaeological 18
Pat Thies,President C/O Newland House Museum Society,Inc.
PO Box 215 19820 Beach Blvd. P.O.�jane
6
Sunset ,CA 90742-0215 Huntington Beach,CA 92648 CosCA 92627
A : othold
President 5 Community Services Dept. 14 County of Ora EMA 19
Huntington Beach Tomorrow Chairperson Michael lV e,Dir.
PO Box 865 Historical Resources Bd. P.O 4048
Huntington Beach,CA 92648 SanM Ana,CA 92702-4048
Julie Vandermost 6 Council on A ' 15 County of Orange IA 19
BIA-OC 17 66 O Ave. Thomas i�fa
9 Executive Circle#100 H on Beach,CA 92648 P.0
;0000 48
Irvine Ca 92714-6734 S Ana,CA 92702-4048
Richard Spicer 7 Jeff Metzel 16 Planning De t 19
SCAG Seaclife
Orange ty EMA
818 th,l2th Floor 19391arbor Circle P. x 4048
eles,CA 90017 Hun ach,CA 92648 S to Ana,CA 92702-4048
E.T.I.Corral 100 8 John Roe 16 County of O EMA 19
Mary Bell Seacliff Tim Mille
20292 Eastwood Cir. 19 urfdale Lane P. 04048
Huntington Beach,CA 92646 Huntington Beach,CA 92648 S Ana,CA 92702-4048
Frank Caponi 9 Lou Maanone 16 Planning Du. 20
Environmental Board Chairman Seacliff HO City of 1 esa
6662 Glen Drive 19821 an Bluff Circle P. x 1200
Huntington Beach,CA 92647 H on Beach CA 92648 to Mesa,CA 92628-1200
2, -rA- of-ov
hKathy Leig
Pat Rogers Maureen Sloan-James
Huntington Beach Mall Birtcher Properties Development 5 Points/Terranomics
7777 Edinger Ave 9300 C/o The Plaza at Huntington Beach 18593 Main St
Huntington Beach CA 92647 17011 Beach Blvd#826 Huntington Beach CA 92648
' Huntington Beach, CA 92647 '
Jim Upp Steve Dodge
Huntington Beach Auto Dealers Assn. Huntington Executive Park Huntington Beach Chamber of Commerce
2100 Main St. #200
28141 Bluebell Dr. 16168 Beach Blvd 4200 Huntington Beach, CA 92648
Laguna Niguel, CA 92656 Huntington Beach, CA 92647
Richard A. Harlow
211-B Main St
Huntington Beach, CA 92648
ETA of- o�4
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH
NOTICE HEREBY GIVEN that on Monday, November 19, 2001, at 7:00 p.m.
in the City ouncil Chambers, 2000 Main Street, Huntington Beach, the City
Council will h Id a public hearing on the following planning and zoning items:
❑ 1. ZONING T T AMENDMENT NO. 01-04 ENTITLEMENT PERMIT
STREAMLI G : Applicant: City of Huntington Beach Request: To amend
#4teemq;) c pters within the Huntington Beach Zoning and Subdivision
Ordinance and t ree (3) sections SP5 Downtown Specific Plan, codify certain
Planning Departm nt policies and clarify sections of existing codes for
streamlining purpos s. The proposed amendments are intended to reduce the
overall number of dis tionary entitlement applications by allowing the use by
right or having a lower I el discretionary body review the entitlement. Location:
Citywide Project Planner. Rosemary Medel
NOTICE IS HEREBY GIVEN that Ite No. 1, Zoning Subdivision Ordinance No.
01-04 is categorically exempt from the rovisions of the California Environmental
Quality Act.
ON FILE: A copy of the proposed request i on file in the City Clerk's Office,
2000 Main Street, Huntington Beach, Californi 92648, for inspection by the
public. A copy of the staff report will be availabl to interested parties at the City
Clerk's Office after T-lUsday, November 4�5, 2001 X
ALL INTERESTED PERSONS are invited to attend id hearing and express
opinions or submit evidence for or against the applica 'pn as outlined above. If
you challenge the City Council's action in court, you ma` be limited to raising
only those issues you or someone else raised at the pub ` hearing described in
this notice, or in written correspondence delivered to the CR at, or prior to, the
public hearing. If there are any further questions please cal he Planning
Department at 536-5271 and refer to the above items. Direct ur written
communications to the City Clerk
Connie Brockway, City Clerk
City of Huntington Beach
2000 Main Street, 2nd Floor
Huntington Beach, California 92648
(714) 536-5227
(g:legals:CC\O l cc 1119)
r)
Council/Agency Meeting Held:
Deferre ontlnued t
p roved ❑ Conditionally Ap roved Denie - City CI rk' Signature
Council Meeting Date: November 5, 2001 Department ID Number: PL01-33
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator awe
PREPARED BY: HOWARD ZELEFSKY, Director of Planning
SUBJECT: APPROVE ZONING TEXT AMENDMENT NO. 01-07 (COASTAL
DEVELOPMENT PERMIT APPEAL LANGUAGE) 6rd, AJo. 3S17
Statement 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. 01-07 a request by the
City of Huntington Beach to amend Chapter 245, Coastal Development Permit of the Zoning
and Subdivision Ordinance. The proposed amendment will modify the language pertaining
to direct appeals to the Coastal Commission for coastal development permits located in the
appealable area of the coastal zone. The Planning Commission and staff recommend
approval and adoption of the ordinance as proposed.
N =
Funding Source: Not applicable. c
Recommended Action:
N o=1
PLANNING COMMISSION AND STAFF RECOMMENDATION: o
Motion to: ?
Cn C')
cn D
"Approve Zoning Text Amendment No. 01-07 with findings for approval (ATTACHMENT NO. 3) and
adopt Ordinance No. (ATTACHMENT NO. 1)."
/i
REQUEST FOR ACTION 0
MEETING DATE: November 5, 2001 DEPARTMENT ID NUMBER: PI01-33
Planning Commission Action on October 9, 2001:
THE MOTION MADE BY LIVENGOOD, SECONDED BY SHOMAKER, TO APPROVE ZONING
TEXT AMENDMENT NO. 01-07, WITH FINDINGS (ATTACHMENT NO. 3) CARRIED BY THE
FOLLOWING VOTE:
AYES: LIVENGOOD, SHOMAKER, MANDIC, HARDY, KERINS, KOKAL, BORDEN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
MOTION PASSED
Alternative Action(s):
The City Council may make the following alternative motion(s):
1. "Deny Zoning Text Amendment No. 01-07 with findings."
2. "Continue Zoning Text Amendment No. 01-07 and direct staff accordingly."
Analysis:
A. PROJECT PROPOSAL:
Applicant: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648
Location: Appealable areas of the Coastal Zone that lie within the City of Huntington
Beach
Zoning Text Amendment No. 01-07 is a request by the City of Huntington Beach to amend
Chapter 245 of the Huntington Beach Zoning and Subdivision Ordinance (ZSO) pertaining to
appeals of coastal development permits.
Section 245.32, Appeals, contains unclear language regarding the appeal procedures for
projects within the appealable area of the coastal zone. Based on this, the City Clerk
initiated discussion with the City Attorney's office to amend the Zoning and Subdivision
Ordinance. The draft ordinance (Attachment No. 1) revises language regarding appeals that
are made directly to the Coastal Commission pursuant to Section 13573 of the Coastal Act.
B. PLANNING COMMISSION MEETING AND RECOMMENDATION:
On October 9, 2001, the Planning Commission held a public hearing to discuss Zoning Text
Amendment No. 01-07. There were no persons who spoke for or against the proposed text
City Council RCA(11-05-01).doc -2- 10/18/01 2:18 PM
• REQUEST FOR ACTION •
MEETING DATE: November 5, 2001 DEPARTMENT ID NUMBER: PI01-33
amendment. Following staffs presentation, the Planning Commission unanimously
recommended approval of the text amendment to the City Council for adoption.
C. STAFF ANALYSIS AND RECOMMENDATION:
The existing language in the Zoning and Subdivision Ordinance states that action by the
Zoning Administrator, Planning Commission or City Council located within the appealable
area of the coastal zone may be appealed directly to the Coastal Commission, if a fee is
charged for local appeal. The City Clerk's office believed that this language implied an
arbitrary choice as to whether an appeal fee could be charged on a given project, which
could affect processing, and requested a revision.
Elimination of the direct appeals language was recommended; however, state law provides
for the above referenced provision. Section 13573 of the California Code of Regulations
states that if a local jurisdiction charges an appeal fee then an appellant does have the right
to appeal the action directly to the Coastal Commission. Since the City charges fees for all
processing, including appeals, appellants may bypass the local appeal process and appeal
directly to the Coastal Commission. To staffs knowledge, this has not occurred; probably
due to the fact that local appeal processing is faster and there is a greater certainty
associated with decision making by local bodies.
Therefore, to address the concerns of the City Clerk and remain consistent with state law,
the proposed ordinance revises the language to make direct reference to Section 13573.
Essentially, the proposed ordinance does not change processing; however, the revision
eliminates future text amendments in the event local appeal fees are no longer charged or
Section 13573 is amended.
Coastal Commission staff and legal counsel reviewed the proposed legislative draft and
suggested the additional modifications:
• Add the word "administrative appeals" within the first paragraph to differentiate appeals
under the zoning code from an appeal to the court.
• Revise Section F to read "An appeal to the Coastal Commission shall be processed in
accordance with the provisions of Sections 13110 through 13120 of the California Code
of Regulations" as opposed to citing each section individually.
i
Their comments and suggestions have been incorporated into the draft ordinance. Staff
recommends the City Council approve Zoning Text Amendment No. 01-07 as proposed.
City Council RCA(11-05-01).doc -3- 10/18/01 2:18 PM
• ACTION
REQUEST FORA ON •
MEETING DATE: November 5, 2001 DEPARTMENT ID NUMBER: PL01-33
Environmental Status:
The proposed project is categorically exempt pursuant to Class 20, City Council Resolution
No. 4501, which supplements the California Environmental Quality Act.
Attachment
City Clerk's
Page Number No. Description
1. Ordinance No. 3!5 /7
2. Legislative Draft, Section 245.32
3. Findings for Approval, ZTA No. 01-07
4. Planning Commission Staff Report dated October 9, 2001
RCA Author: Jason Kelley/Mary Beth Broeren
City Council RCA(11-05-01).doc -4- 10/18/01 2:18 PM
ATTACHMENT 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE
HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY AMENDING
SECTION 245.32 THEREOF RELATING TO APPEALS OF COASTAL DEVEL0IIENT
PERMITS
WHEREAS,pursuant to the California State Planning and Zoning Law, the Huntington
Beach Planning Commission and Huntington Beach City Council have held separate, duly
noticed public hearings to consider Zoning Text Amendment No. 0/-off , which amends
Section 245.32 of the Huntington Beach Zoning and Subdivision Ordinance relating to appeals
of Coastal Development Permits; and
After due consideration of the findings and recommendations of the Planning
Commission and all other evidence presented, the City Council finds that the aforesaid
amendment is proper and consistent with the General Plan,
.I
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. That Section 245.32 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
245.32 Appeals
Development pursuant to an approved Coastal Development Permit shall not commence until all
applicable administrative appeal periods expire or, if appealed, until all administrative appeals,
including those to the Coastal Commission, have been exhausted.
A. Action by the Zoning Administrator or Planning Commission to approve,
conditionally approve, or deny any Coastal Development Permit may be appealed on or before
the tenth working day following such action. Action by the Zoning Administrator may be
appealed to the Planning Commission. Action by the Planning Commission may be appealed to
the City Council. Appeals may be made directly to the Coastal Commission pursuant to Sections
13111 and 13573 of the California Code of Regulations for appealable development.
B. Action by the City Council on a Coastal Development Permit for appealable development
may be appealed directly to the Coastal Commission pursuant to Sections 13111 and 13573 of
the California Code of Regulations.
C. An appeal pursuant to this chapter may be filed only by the applicant for the Coastal
Development Permit in question, an aggrieved person, or any 2 members of the Coastal
Commission.
D. An appeal to the Planning Commission shall be filed with the Planning Department.
An appeal to the City Council shall be filed with the City Clerk. The appeal shall be
1
G:4:2001rd:amend 245_32-appeals
Rls 99-417
Rev. 10-11-01
accompanied by a fee set by resolution of the City Council and a statement of the grounds for the
appeal.
E. Notice of the local appeal shall be given as set forth in Section 245.20 or 245.22 and
shall be processed in accordance with the provisions of Section 248.20.
F. An appeal to the Coastal Commission shall be processed in accordance with the
provisions of Sections 13110 through 13120 of the California Code of Regulations.
245.32 Appeals
SECTION 2. This ordinance shall take effect thirty days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of , 2001.
Mayor
ATTEST: APPROVED �A S��TO FORM:
Ll
City Clerk City Attorney /
REVIEWED AND APPROVED: INITI D AND APPROVED:
City Adnfimstrator i ctor of Planning
I
2
G:4:2001rd:amend 245_32-appeals
Rls 99-417
Rev. 10-11-01
ATTACHMENT 2
LEGISLATIVE DRAFTS f '
245.32 Appeals
Development pursuant to an approved Coastal Development Permit shall not commence until all
applicable administrative appeal periods expire or, if appealed, until all administrative
appeals, including those to the Coastal Commission, have been exhausted.
A. Action by the Zoning Administrator or Planning Commission to approve,
conditionally approve, or deny any Coastal Development Permit may be appealed on or before
the tenth working day following such action. Action by the Zoning Administrator may be
appealed to the Planning Commission. Action by the Planning Commission may be appealed to
the City Council. Appeals may be made directly to the Coastal Commission
pursuant to Sections 13111 and 13573 of the California Code of Regulations
for appealable development.
Approval,Aetions by the Zoning Administrator-, Planning Commission, or-City Getineil to appr-ev
or-eanditienally appr-eve development leeatedwithin the appealable area of the eeastal zene may
be appeal ' " 111 1 E) the Coastal Commission, if a fee is ehafged for-leeal appeal.
eenditional appr-eval, or-denial of a eeastal develepment permit for-development jeeated in the
appealable aFea of the eeastal zone that eenstitutes a major-publiewer-ks pr-ejeet e- -
energy faeility may also be appealed difectly to the Coastal Commission if a fee is ehafged fef
leeal-appeak
B. Action by the City Council on a Coastal Development Permit for appealable
development may be appealed directly to the Coastal Commission pursuant to
Sections 13111 and 13573 of the California Code of Regulations. the follewing
t)pes of developments may be appealed to the Coastal Commission in a6eer-danee with Coastal.
1. 1-eyal Br eendi ienal-app eval of eeastal development pefmi s ivr
developments 1.. .,td. ithin the a e appealble e a-,
. ..YYr.... _, eenditional approval denial of eeastal delvelopment Yam......., .....
the appealable area of the eeastal zene.
C. An appeal pursuant to this chapter may be filed only by the applicant for the Coastal
Development Permit in question, an aggrieved person, or any 2 members of the Coastal
Commission.
D. An appeal to the Planning Commission shall be filed with the Planning Department
ofCommunity Develop e„*. An appeal to the City Council shall be filed with the City Clerk.
The appeal shall be accompanied by a fee set by resolution of the City Council and a statement
of the grounds for the appeal.
3
G:4:2001 rd:amend 245_32-appeals
Rls 99-417
Rev. 10-11-01
• •
E. Notice of the local appeal shall be given as set forth in Section 245.20 or 245.22 and
shall be processed in accordance with the provisions of Section 248.20.
F. An appeal to the Coastal Commission shall be processed in accordance with the
provisions of Sections 13110 through 13120 13i1113112,-and 1311- of the California
Code of Regulations.
4
G:42001 rd:amend 245_32-appeals
Rls 99-417
Rev. 10-11-01
ATTACHMENT 4
City of Huntington Beach Planning Department
STAFF REPORT
HUNnNGTON BEACH
TO: Planning Commission
FROM: Howard Zelefsky, Director of Planning
BY: Jason Kelley, Assistant Planner 9/
DATE: October 9, 2001
SUBJECT: ZONING TEXT AMENDMENT NO. 01-07 (Continued from August 28,2001 With
Public Hearing Open)Appeal of Coastal Development Permits
APPLICANT: City of Huntington Beach
LOCATION: Appealable areas of the Coastal Zone that lie within the City of Huntington Beach
STATEMENT OF ISSUE:
Zoning Text Amendment No. 01-07 request:
- Amend the Huntington Beach Zoning and Subdivision Ordinance by modifying the appeal
procedures for coastal development permits.
• Continued Item:
- Planning Commission meeting August 28, 2001. Planning Commission approved a continuance
to the September 25, 2001 Planning Commission meeting to allow staff additional time to discuss
appropriate language with the City Attorney and Coastal Commission staff. Due to the
cancellation of the September 25, 2001 meeting,this item was rescheduled and advertised for the
October 9, 2001 Planning Commission meeting.
• Staff s Recommendation: Approve Zoning Text Amendment No. 01-07 based upon the following:
- Proposed ordinance revision will clarify the appeal procedures within the appealable area of the
coastal zone.
RECOMMENDATION:
Motion to: "Approve Zoning Text Amendment No. 01-07 with findings(Attachment No. 1)and forward
to the City Council for adoption."
ALTERNATIVE ACTIONS:
The Planning Commission may take alternative actions such as:
A. "Deny Zoning Text Amendment No. 01-07 with the findings and forward to City Council."
B. "Continue Zoning Text Amendment No. 01-07 and direct staff accordingly."
PROJECT PROPOSAL: • •
Zoning Text Amendment No. 01-07 is a request by the City of Huntington Beach to amend Chapter
245.32 of the Huntington Beach Zoning and Subdivision Ordinance(ZSO) pertaining to appeals of coastal
development permits.
Based on unclear language regarding the appeal procedures for projects within the appealable area of the
coastal zone,the City Clerk initiated discussion with the City Attorney's office to amend the Zoning and
Subdivision Ordinance. The draft ordinance(Attachment No. 2)revises language regarding appeals that
are made directly to the Coastal Commission pursuant to Section 13573 of the Coastal Act.
ISSUES:
General Plan Conformance:
The proposed zoning text amendment is consistent with the City's General Plan, and the following goals
and objectives of the Land Use Element:
A. Land Use Element
Policy 4.2.3: Periodically, review and update the City's building and development codes and
regulations to ensure that they incorporate professionally accepted state-of-the-art standards.
The zoning text amendment will clarify the appeal procedures within the appealable area of the coastal
zone;thus providing clearer and concise service to the public.
Zoning Compliance:
This zoning text amendment will only affect those properties located within the appealable area of the
coastal zone and does not affect any development standards.
Urban Design Guidelines Conformance:
Not Applicable.
Environmental Status:
The proposed project is categorically exempt pursuant to Class 20, City Council Resolution No. 4501,
which supplements the California Environmental Quality Act.
Coastal Status:
This project would be considered a minor amendment to the City's Local Coastal Program and will be
forwarded to the California Coastal Commission with other previously approved minor amendments.
Redevelopment Status:
Not applicable
Design Review Board:
PC Staff Report—10/09/01 -2- (01 sr34a ZTA 01-07)
Not applicable
Subdivision Committee:
Not applicable
Other Departments Concerns:
There were no concerns or comments raised by the other departments regarding the zoning text
amendment.
Public Notification:
The legal notice was published in the Huntington Beach/Fountain Valley Independent on August 16, 2001
and September 27, 2001. Notices were sent to individuals/organizations requesting notification(Planning
Department's Notification Matrix),and interested parties. As of October 4, 2001, no communication
supporting or opposing the request has been received.
ANALYSIS:
The existing language in the Zoning and Subdivision Ordinance states that action by the Zoning
Administrator, Planning Commission or City Council located within the appealable area of the coastal
zone may be appealed directly to the Coastal Commission, if a fee is charged for local appeal. The City
Clerk's office believed that this language implied an arbitrary choice as to whether an appeal fee could be
charged on a given project, which could affect processing, and requested a revision.
However, state law provides for the above referenced provision. Section 13573 of the California Code of
Regulations states that if a local jurisdiction charges an appeal fee then an appellant does have the right to
appeal the action directly to the Coastal Commission. Since the City charges fees for all processing,
including appeals, appellants may bypass the local appeal process entirely and appeal directly to the
Coastal Commission. To staffs knowledge,this has not occurred: probably due to the fact that local
appeal processing is faster and there is a greater certainty associated with decision making by local bodies.
To address the concerns of the City Clerk and remain consistent with state law,the proposed ordinance
revises the language to make direct reference to Section 13573. Essentially, the proposed ordinance does
not change processing; however,the revision eliminates future text amendments in the event local appeal
fees are no longer charged or Section 13573 is amended.
Coastal Commission staff reviewed the proposed legislative draft and suggested additional modifications.
Their comments and suggestions have been incorporated into the draft ordinance. Staff recommends the
Planning Commission approve Zoning Text Amendment No. 01-07 and forward it to the City Council.
ATTACHMENTS:
1. Suggested Findings of Approval
2. Draft Ordinance
3. Legislative Draft
SH:HF:MBB:JK:rl
PC Staff Report—10/09/01 -3- (01 sr34a ZTA 01-07)
ATTAC H M E NT #5
•
RCA OUTING SHEET
INITIATING DEPARTMENT: Planning
SUBJECT: Zoning Text Amendment No. 01-07 (Coastal Appeal
Language)
COUNCIL MEETING DATE: November 5, 2001
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Attached
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Attached
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff I ( ) ( )
Assistant City Administrator (Initial) ( ) ( )
City Administrator (initial)
City Clerk ( ) D-
EXPLANATION FOR RETURN OF ITEM:
(Below . . Only)
I
RCA Author: HZ:SH:MBB:JK:rl
t
a
N C
o
Z m: n
ZONING TEXT AMENDMENT
rn-�r^r
01 -07 �' s
N n
� D
APPEAL PROCEDURES
FOR
COASTAL DEVELOPMENT PERMITS
REQUEST
•Request by the City of Huntington
Beach to amend language regarding
Appeal Procedures for Coastal
Development Permits.
BACKGROUND
In 1999, the City Clerk initiated discussions
with the City Attorney's office to:
• Amend the Huntington Beach Zoning and Subdivision
Ordinance (ZSO) pertaining to appeals of coastal
development permits.
• Concern was that ZSO language implies an arbitrary
choice regarding whether appeal fees may be charged
on a given project.
ANALYSIS
•The California Code of Regulation
allows an appellant to appeal a Coastal
Development Permit directly to the
Coastal Commission if a local
jurisdiction charges an appeal fee.
•The City collects a fee for all appeals.
2
ANALYSIS (cont'd)
•The proposed ordinance:
-Revises language to refer directly to
California Code of Regulation Sections
13573 and 13111.
-Does not change processing.
-Eliminates future amendments if local fees
are discontinued.
ANALYSIS (cont'd .)
•Suggested Coastal Commission
modifications have been incorporated into
the draft ordinance.
3
RECOMMENDATION
• Staff and the Planning Commission
recommend the City Council approve
Zoning Text Amendment No. 01-07.
END OF PRESENTATION
4
CITY CLERK
CITY OF
HUtj,WGTOPi BEACH, CA
Y 28 P Z. 35
ZONING TEXT AMENDMENT
01 -07
APPEAL PROCEDURES
FOR
COASTAL DEVELOPMENT PERMITS
REQUEST
•Request by the City of Huntington
Beach to amend Chapter 245 -
Appeal Procedures for Coastal
Development Permits (CDP).
1
BACKGROUND
1999 - City initiated discussions to:
• Amend Zoning and Subdivision
Ordinance (ZSO) pertaining to appeals of
CDP's.
• The ZSO implies arbitrary choice when
appeal fees may be charged on a given
proj ect.
ANALYSIS
• California Code of Regulations
allows appeals of CDP's directly to the
Coastal Commission if a local jurisdiction
charges an appeal fee.
• City collects a fee for all appeals.
2
ANALYSIS (cont'd)
• The proposed ordinance:
• Revises Chapter 245 to refer to
California Code of Regulation Sections
13573 and 13111.
• Does not change processing.
• Eliminates future amendments if local
fees are discontinued.
ANALYSIS (cont'd .)
• Coastal Commission modifications
have been incorporated:
• "Administrative" — Adding the word to
differentiate City appeals versus court
appeals.
• "Section 13110 through 13120" — Add the
wording instead of citing each section.
3
RECOMMENDATION
• Staff and the Planning Commission
recommend approval of Zoning Text
Amendment No. 01-07 with findings.
i
END OF PRESENTATION
4
_ D
OIL
LL - EL
MEETING DATE: November 5, 2001
DEPARTMENT SUBJECT:
REQUESTING:
Planning Zoning Text Amendment No. 01-07 (Appeal of Coastal
Development Permits)
I
TODAY'S DATE October 12, 2001
VERIFIED BY
ADMININSTRATION: � G!
APPROVED BY: p D , ,�
Ray Silver
City Administrator
10/12/01 9:19 AM
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH
NOTICE IS HEREBY GIVEN that on Monday, December 3, 2001, at 7:00 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 NO. 01-07 (APPEAL OF COASTAL
DEVELOPMENT PERMITS): Applicant: City of Huntington Beach
Request: To amend Section 245.32 of the Huntington Beach Zoning and
Subdivision Ordinance relating to direct appeal to the California Coastal
Commission for any Zoning Administrator, Planning Commission, or City
Council action within the appealable areas of the coastal zone. Location:
Appealable areas of the coastal zone. Project Planner: Jason Kelley
NOTICE IS HEREBY GIVEN that Zoning Text Amendment No. 01-07 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 after Thursday, November 2, 2001.
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
Connie Brockway, 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 )
OF Parties at the. City
NOTICE
am a Citizen of the United States and a Clerks Office after
PUBLIC HEARING Thursday, November 2,
resident of the County aforesaid; I am BEFORE THE 2001
CITY COUNCIL OF ALL INTERESTED
over the age of eighteen years, and not a THE CITY OF PERSONS are invited to
party to or interested in the below HueencHON attend said hearing and
express opinions or,
NOTICE IS HEREBY submit evidence for or
entitled matter. I am a principal clerk of GIVEN that on Monda y, against the application
as outlin@d above. if you
November 5, 2001, at challenge the City Coun-
the HUNTINGTON BEACH INDEPENDENT, a 7:00 p.m. in the City cil's action in court; you
Council Chambers, maybe limited to raising
newspaper of general circulation, printed 2000 Main Street, Hunt- only those issues you or
p ington Beach, the City someone else raised at,
and published in the City of Huntington Council will hold a public the public hearing de-
hearing on the following scribed'in this notice,
Beach, ' County of Orange State of Planning and zoning i or in writtena cor
items
respondence delivered.
California and. that attached Notice is a 1 ZONING. TEXTi tto hehe City at,or prior tif:
AMENDMENT NO.
public hear if:
01-07 (APPEAL OF there are any further,
true and complete copy as was printed COASTAL DEVELOP-1 LOP-I questions please call the!
MENT PERMITS Ap- Planning Department at
and published in the Huntington Beach plicant: City of Hunt-. 536-5271 and refer to.
ington Beach Request, the above items Direct
and Fountain Valley issues of said To amend Section your written communica-�
245.32 of the Huntington tions to the City Clerk.
newspaper to wit the issue(s) of: Beach Zoning and Connie Brockway,
Subdivision Ordinance City Clerk,
relating to direct appeal City of
to the California Coastal Huntington Beach,
Commission for any I 2000 Main Street, T.
Zoning Administrator„ 2nd Floor,
Planning Commission, Huntington Beadh,
or City Council action
within the appealable I California 92648
October 18, 2001 areas of the coastal, (714) 536-5227
zone. Location AP- Published Huntington
pealable areas of the ,Beach Independent Oc-
1 coastal zone. Project.:tober 18, 2001
Planner Jason Kelley 103-414
NOTICE IS HEREBY
I geven that Zoning Text
declare, under penalty. -of perjury, that Amendment No. 01-07,
is categorically exempt
the foregoing is true and correct. from the provisions of
the California
Environmental Quality
Act.
ON: A copy of the
proposed request is on
Executed on October 18 2001 file in the City Clerks Of-
fice, 2000 Main Street,
at Costa Mesa, California. Huntington Beach, Cah-
forms 92648, for inspec-
tion by the public ,A coppy
of the staff report will be
available to interested
Signature
putihs �o—�B—D�
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH
NOTICE IS HEREBY GIVEN that on Monday, November 5, 2001, at 7:00 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 NO. 01-07 (APPEAL OF COASTAL
DEVELOPMENT PERMITS): Applicant: City of Huntington Beach
Request: To amend Section 245.32 of the Huntington Beach Zoning and
Subdivision Ordinance relating to direct appeal to the California Coastal
Commission for any Zoning Administrator, Planning Commission, or City
Council action within the appealable areas of the coastal zone. Location:
Appealable areas of the coastal zone. Project Planner: Jason Kelley
NOTICE IS HEREBY GIVEN that Zoning Text Amendment No. 01-07 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 after Thursday, November 2, 2001.
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
Connie Brockway, City Clerk
City of Huntington Beach
2000 Main Street, 2nd Floor
Huntington Beach, California 92648
(714) 536-5227
(g:lega1s:CCLGFRM2)
i
CITY COUNCIL/REDEVELOPMENT AGENCY PUBLIC HEARING REQUEST
SUBJECT: Zo►•L,n1(� --� /� r�l� t lto DI —
DEP TNIENT: And►r1(i MEETING DATE: NOV. 'S, Z.045P I"
CO ACT: -J ASo.J ki�E,l V—= l PHONE: S 53
�S two
( ) ( ) Is the notice attached?
( ) ) ( ) Do the Heading and Closing of Notice reflect City Council(and/or
Redevelopment Agency)hearing?
( ) ( ) Are the date,clay and time of the public hearing correct?
( ) ( ) If an appeal,is the applicant's name included in the notice?
( ) ( ) If Coastal Development Permit,does the notice include appeal language?
i
Is there an Er vironmental Status to be approved by Council?
Is a map attached for publication?
1-
( ) ()() ( ) Is a larger ad required? Size A ?A6F, -
Is the verification statement attached indicating the source and accuracy of the
mailing list?
( ) ( ) (X) Are the applicant's name and address part of the mailing labels?
(X) ( ) ( ) Are the appellanes name and address part of the mailing labels?
(X) (' ) ( ) If Coastal Development Pcnnk is the Coastal Commission part of the mailing
labels? i
(x) ( ) ( ) If Coastal Development Permit,are the resident labels attached?
(X) ( ) ( ,) Is the Report 33433 attached? (Economic Development Dept.items only)
PIeas complete the following: -
1. Minimum days from publication to hearing date
2. Number of times to be published 1
3. Number of days between publications
s 21
PUBLIC HEARING NOTIFICATION CHECKLIST"B"
�ING LABELS-March 26, 2001 •
G:Labels\Labels\Public Hearing
President 1 Huntington Harbor POA 10
H.B.Chamber of Commerce P.O. Box 791
2100 Main Street,Suite 200 Sunset Beach,CA 90742
Huntington Beach,CA 92648
Betty Jo Woollett 2 William D.Holman 11 Sue JoXn 16
Orange County Assoc.of Realtors PLC 19671ane
25552 La Paz Road 19 Corporate Plaza Drive Hunti CA 92648
Laguna Hills,CA 92653 Newport Beach CA 92660-7912
President 3 Mr.Tom Zanic 12 Edna Littlebury 17
Amigos De Bolsa Chica New Urban West Gldn St Mob.Hm.Owners Leag.
16531 Bolsa Chica Street,Suite 312 520 Broadway Ste. 100 11021 Magnolia Blvd.
Huntington Beach,CA 92649 Santa Monica,CA 90401 Garden Grove,CA 92642
Sunse each ornmunity Assoc 4 Pres.,H.B.Hist.Society 13 Pacific Bast aeologcal 18
Pat Thi resident C/O Newland House Museum Society, c.
PO Box 19820 Beach Blvd. P.O.Box 6
Sunset eac , 90742-0215 Huntington Beach,CA 92648 Costa a, 92627
Attn: e Goth
President 5 Community Services Dept. 14 County bf,4ane,
F4 age/EMA 19
Huntington Beach Tomorrow Chairperson Michael M Dir.
PO Box 865 Historical Resources Bd: P.O.Boz�4
Huntington Beach,CA 92648 Santa Atia,C)92702-4048
Julie Vandermost 6 Council on'Agirig' 15 County�of Ot'adge/EMA 19
BIA-OC 1706 Orsunge'Ave. Thomas thews
9 Executive Circle#100 Huntington beach,CA 92648 P. O.BQ 8
Irvine Ca 92714-6734 f ' Santaina, 92702-4048
Richard r 7 Jeff Metz 16 Planni�� epartment 19
SCAG Seacliff HOA Orange EMA
818 ,west 7 1 th Floor 19391 Shady Harbor Circle P. O;%x� Q48
Los Angeles, 90017 Huntington Beach,CA 92648 Santa'Ana,C 92702-4048
E.T.I. Corral 100 8 John Ro\ch,
1G County b xOange/EIvL� 19
Mary Bell Seaciif_f Tim Miller.!
20292 Eastwood Cir. 19382 S1ane P.O.Box,_ 48
Huntington Beach,CA 9'_646 Hunting CA 92648 Santa ldida, 92702-4048
Frank Caponi 9 Lou M e 16 Planning Dir. 20
Environmental Board Chairman Seacliff H City of'&- sta Mesa
6662 Glen Drive 19821 9cean luff Circle P. O/Bo.' 1200
Huntington Beach,CA 9_647 Huntington Bach CA 92648 Cos Me a,CA 92628-1200
PUBLJL14EARING NOTIFICATION CHECKLIST
AILING LABELS-March 26,2001
G:L.abels\Labels\Public Hearing
PI D' 21 Dr.Du'a�A"o
e shno 29 Country ew states HOA 37
City of ain Valley HB entary School Dist. Carrie Th10200 SI Ave. 2045 Lane 6642 Tro riveFount ' ey, CA 92708 Hunach,CA 92648 Huntin B CA 92648
Pl g. �ector 22 Jerry an 29 CountryX
tates HOA 37
City o estminster HB City ementary School Dist Gerald C8200 ster Blvd. 20451 r Lane 6742 ShiWestcunsCA 92683 Hun gton ch,CA 92648 Huntingth CA 92648
Pl%Beg ,'
r 23 James jo s 30 HB to CIA - 37
Cih Ocean i ementary Keystone fic Prop.Mangmt Inc.
21 School Di ct 16845 V an Avenue,Suite 200
Se0740 17200 P- h t Lane Irvine, , 9 6
Hunt' n Be CA 92647
California Coastal Commission 24 Barbara 31 Sally 38
Theresa Henry Westrnins School District MeaXeaSouth Coast Area Office 14121 C od Avenue 5161ircle
200 Oceangate,loth Floor Wes ' ter 92683 Hunach,CA 92649
Long Beach,CA 92802-4302
California Coastal Commission 24 Patricia /� 32 Cher B�wning 38
South Coast Area Office HB Unio gh School Disrict Me ado Area
200 Oceangate,10th Floor 10251 Y " n Avenue 16771 o evelt Lane
Long Beach, CA 92802-4302 Huntin " n B ,CA 92646 Hugtgto each,CA 92649
Robert Joseph 25 CSA 33 Hearthside Homes 39
Caltrans)$i trict 12 730 El C Way#200 6 Executive Circle,Suite 250
3337 Michej on Drive,Suite 380 Tustin, 9*0 Irvine,CA 92614
Irvine,'CA 9�12-1699
Directo 26 Goldenknh
ege 34 Bolsa Chica Land Trust 40
Local Soh ante Enf.Agy. Attn: Fres Nancy Donovan
O.C.Health e Agency 1574 st St 4831 Los Patos
P.O.Box 355 \ Hun ' ! CA 92647 Huntington Beach,CA 92649
Santa Ana,CA 2702
i
New G\/Coordinator 27 OC Co arbors,Beach 35 Bolsa Chica Land Trust 40
Huntin o each Post Office and P t. Evan Henry,President
6771`Vaa/me Ave. P. O. .-4 ' 1812 Port Tiffin Place
Huntinngton B a`ch,CA 92647 Santa Ana,CA 2702-4048 Newport Beach,CA 92660
Marc Ecbr 28 Huntington Beach Mall 36 John Seo 41
Fountain ey Elementary School Dist Attu: Pat.Rogers-Laude SEHSN
17210 O eet 7777 Ellfnger`Ave.#300 22Q32 pis o Lane
Fountau/Valley CA 92708 Huntington Beach CA 92647 Huntington a ch,CA 92646-8309
.
Bolsa Chica Land Trust 40
5901 Warner Avenue,#103
Huntington Beach CA 92649-4659