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HomeMy WebLinkAboutAmend Article 985 Composition of the Design Review Board, Co ORDINANCE NO. 3249—A AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLE 985 THEREOF RELATING TO THE DESIGN REVIEW BOARD WHEREAS, the City Council of the City of Huntington Beach desires to amend the Huntington Beach Ordinance Code to change certain matters pertaining to the Design Review Board; and 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 relative to amending the Huntington Beach Ordinance Code:as provided herein, wherein both bodies have carefully considered all information presented at said hearings; 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 9853 of the Huntington Beach Ordinance Code, entitled "Membership," is hereby amended to read as follows: 9853 Membership. The Board shall be composed of five (5) members. The membership shall consist of the following: Two (2) At-large members, consisting of current City residents chosen by the City Council. Alternate City residents may be designated by the City Council. 4\s\Ord:Amend 986 Boards&Commissions\6/8/94 ATTACHMENT 1 ATTACHMENT NO. 1 FINDINGS FOR APPROVAL FINDINGS FOR APPROVAL- CODE AMENDMENT NO. 94-2: 1. Code Amendment No. 94-2, by increasing the number of At-large city residents on the Board, will allow for more community input in the design of projects. Project design will better reflect the goals and vision of city residents. 2. Code Amendment No. 94-2 is consistent with goals and policies of the General Plan because it provides for increased community participation in the design of projects. RCA- 9/6/94 1 (CD94-61) ATTACHMENT 2 ATTACHMENT 3 LEGISLATIVE DRAFT DESIGN REVIEW BOARD Sections: 9850 Design Review Board Established 9851 Duties 9852 Appeals 9853 Membership 9853.1 Terms of Office 9853.2 Bylaws 9853.3 Secretary 9854 Application 9854.1 Design Criteria 9854.2 Design Factors 9854.3 Design Review Board Guidelines 9850 Design Review Board Established. There is hereby created a Design Review Board for the City of Huntington Beach referred to herein as the "Board." 9851 Duties. The duties of the Board shall include the following: a. Encourage, guide, and recommend attractive aesthetically and harmonious, compatible development projects within designated areas of the City through the process of design review. b. Review, make recommendations or take final action on the proposed design of any project to be constructed, altered or modified in areas designated Civic Facilities (CF), Civic District (CD), Redevelopment Survey and Project Areas, the Downtown Specific Plan and/or other areas so designated by the City Council. C. Recommend to the Director, Zoning Administrator, Planning Commission and/or City Council either approval, conditional approval or denial of any design review application. 9852 Appeals. Any action of the Board rendered when acting as a decision making body, may be appealed to the Planning Commission as provided in this code. Any action of the Board rendered when action on a request from the Zoning Administrator, the Planning Commission, or the City Council, may be appealed to the body originating the request as provided by this code. 9853 Membership. The Board shall be composed of five (5) members. appeinted by-and re�pensible*camthe City oune l The member-ship shalt eensist „f one (1) City Couneil Member- , Commissioner-with an alternate City Council Member-, epe (1) Planning Cenunissioner-with an alter one (1) City resident with an alternate City resident, the CenWfflinity DeVek)pfflefl 4\s\Ord:Leg.Draft Article 985\6/8/94 designee. The membership shall consist of the following: Two (2) At-large members, consisting of current City residents chosen by the City Council. Alternate City residents may be designated by the City Council. One (1) current City Planning Commissioner chosen by the Planning Commission. An alternate Commissioner may be designated by the Planning Commission. The Community Development Director or his/her designee. The Public Works Director or his/her designee. 9853.1 Terms of Office. The+o.-ms „fe ffleo shall be for fur(4) years 0 ept i the ease of , City Couneil or-Planning Cenur�issien member-. Their-terms shall expire no later-than the day they a. At-large members. The term of office for At-large members shall be four (4) years, except as hereinafter provided. One At-large member shall be appointed in 1994, and each fourth year thereafter. One At- large member shall be appointed in 1994 for a two year term, and each fourth year thereafter. No At-large member shall serve more than two (2) consecutive terms, except that the current At-large member may be appointed for the two year term mentioned herein. At-large members. may serve until their respective successors are appointed and qualified. An At-large member may be removed prior to the expiration of his/her term by a motion adopted by the City Council. b. Planning Commission member. The term of the Planning Commission member shall expire when such member ceases to be a member of the Planning Commission. A Planning Commission member may be removed prior to the expiration of his/her term by a motion adopted by the Planning Commission. Members may serve until their respective successors are appointed and qualified. 9853.2 Bylaws. The Board shall adopt bylaws and rules as it deems necessary for the selection of its officers, the time and place of its meetings and such other matters relative to its work and administration of its resolution. 2 4\.s\Ord:Leg.Draft.Article 985\6/8/94 One (1) current City Planning Commissioner chosen by the Planning Commission. An alternate Commissioner may be designated by the Planning Commission. The Community Development Director or his/her designee. The Pubfic Works Director or his/her designee. SECTION 2. That Section 9853.1 of the Huntington Beach Ordinance Code, entitled "Terms of Office," is hereby amended to read as follows: 9853.1 Terms of Office. a. At-large members. The term of office for At-large members shall be four(4)years, except as hereinafter provided. One At-large member shall be appointed in 1994, and each fourth year thereafter. One At-large member shall be appointed in 1994 for a two year term, and each fourth year thereafter. No At-large member shall serve more than two (2) consecutive terms, except that the current At-large member may be appointed for the two year term mentioned herein. At-large members may serve until their respective successors are appointed and qualified. An At- large member may be removed prior to the expiration of his/her term by a motion adopted by the City Council. b. Planning Commission member. The term of the Planning Commission member shall expire when such member ceases to be a member of the Planning Commission. A Planning Commission member may be removed prior to the expiration of his/her term by a motion adopted by the Planning Commission. Members may serve until their respective successors are appointed and qualified. 2 4\s\Ord:Amend 986 Boards&Commissions\6/8/94 SECTION 3. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach . at a regular meeting thereof held on the 20thday of September , 1994. Mayor l� ATTEST: APPROVED AS TO FORM: r City Clerk C}t>-8 ttorney �..� REVIEWED AND APPROVED: IMMTIATED AND APPROVED: City Administrator rector o velopment 3 Ms\ordAAmend 986 Boards&Commissions\6/8/94 Ord. No. 3249-A 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 the 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 adjourned meeting therof held on the 12th_day of September 19 94 and was again read to said City Council at a regular adjourned meeting therof held on the 20th day of septedbe-t 19 94 , and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council . AYES: Councilmembers: Silva. Ballet Robitaille,, Winch ell , Sullivan-, Tr-i ziq NOES: Councilmembers: None ABSENT: Councilmembers: Moulton-Patterson City Clerk and ex-officiK Clerk of the City Council of the City of Huntington Beach, California rre ORDINANCE NO. 3250 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 2.100.020 THEREOF RELATING TO DEFINITIONS WHEREAS, the.City Council of the City of Huntington Beach wishes to amend the Huntington Beach Municipal Code relating to the operating policy for boards and commissions, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Section 2.100.020(a) of the Huntington Beach Municipal Code, relating to the definition of"Board," is hereby amended to read as follows: (a) Board - a body of members appointed pursuant to Huntington Beach Charter section 405 to serve in a continuing advisory capacity to the City Council, except for such Boards which have decision making authority pursuant to the particular establishing ordinance creating such Board. SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 20th day of September , 1994. Mayor ATTEST: APPROVED AS TO FORM: • City Clerk Ci torney VIEWED AND P D: 1NI TED PROVED: Z, City dministrator f/clor of CtIl y lbevelopment 4\Ord:Amend HBMC 2.100.020\06/08/94 ,�� M o�� /.a 0�9y Ord. No. 3250 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 the 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 adiourned meeting therof held on the 12 �h ay of September 19 94 , and was again read to said City Council at a regular adjourned meeting therof held on the 20th day of ' September 19_.gg_, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council . AYES: Councilmembers: Silva, Bauer, Robitaille, Winchell, Sullivan, Leipzig NOES: Councilmembers: None ABSENT: Councilmembers: Moulton-Patterson City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California APPROVED BY CITY COUNCIL. 19LZ CD94-61 crr cL REQUEST FOR CITY COUNCIL ACTION Date: September 6, 1994 Submitted to: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga, City Administrato Prepared by: Melanie S. Fallon, Director of Community Development O� Subject: CODE AMENDMENT NO. 94-2/DESIGN REVIEW BOARD Consistent with Council Policy? [X] Yes [ ] New Policy or Exception 0 3 S`V ol1►'o 'I/l3' Statement of Issue,Recommendation,Analysis,Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSU Code Amendment No. 94-2 was initiated by staff at the City Council's request to change the composition of the Design Review Board's membership. Currently,the Design Review Board is composed of five(5) members, of which one is a City Councilmember and one is an at-large city resident. As originally proposed to the Planning Commission,the code amendment would replace the City Councilmember on the Design Review Board with a second at-large city resident. The Planning Commission voted to recommend to the City Council, however,that the City Councilmember remain a part of the Design Review Board and that a second at-large city resident also be added. The Design Review Board would therefore have six(6) members. Transmitted for your review are the two proposed ordinance changes. Additionally,this code amendment clarifies language pertaining to the terms and appointments of Design Review Board members, and it clarifies a section of the Huntington Beach Municipal Code pertaining to authority of the Design Review Board. RECOMMENDATION: Staff Recommendation: Motion to: "Approve Code Amendment No. 94-2 by adopting Ordinance No.320-A and No.3,2YO as originally proposed with findings (Attachment No. 2 and 6)." Planning Commission Recommendation and Action on July 12, 1994: Motion to: "Approve Code Amendment No. 94-2 by adopting Ordinance No 4+9'-B and No.3-WO as approved by the Planning Commission with findings (Attachment No. 4 and 6)." � � C I l A MOTION WAS MADE BY INGLEE, SECONDED BY BIDDLE TO APPROVE CODE AMENDMENT NO. 94-2 INCLUDING LANGUAGE CHANGES WITH FINDINGS AND FORWARD TO CITY COUNCIL FOR ADOPTION. AYES: INGLEE, BIDDLE, DETTLOFF, NEWMAN, KERINS, RICHARDSON NOES: NONE ABSENT: GORMAN ABSTAIN: NONE ANALYSIS: Code Amendment No. 94-2 was initiated by staff at the City Council's request to change the composition of the Design Review Board's membership. Currently, the Design Review Board is composed of five (5) members as follows: one City Councilmember, one Planning Commissioner, one at-large city resident and two staff members, pursuant to Section 9853 of the Huntington Beach Ordinance Code. As originally proposed to the Planning Commission, the code amendment recommended by staff replaces the City Councilmember on the Design Review Board with a second at-large city resident. (Attachment No. 2 and 3) The purpose of this change is to illicit more community input in the design of projects throughout the City of Huntington Beach. On July 12, 1994, however, the Planning Commission determined that it was important to retain City Council input at the Design Review Board level. The Planning Commission voted to recommend to the City Council that the City Councilmember remain a part of the Design Review Board but that a second at-large city resident also be added, resulting in a six (6) member Board. (Attachment No. 4 and 5) Staff believes that the originally proposed code amendment will serve the purpose intended by the City Council and will avoid split decisions that result from a six (6) member Board. In either version, however, the following sections of Article 985 would be modified: Section 9853 Membership, and Section 9853.1 Terms of Office. The other component of this code amendment corrects an inconsistency between Article 985, Design Review Board, of the Huntington Beach Ordinance Code and Section 2.100.010, Operating Policy for Boards and Commissions, of the Huntington Beach Municipal Code. As currently written, this section of the Municipal Code defines a"Board" as an advisory body to the City Council. Article 985, however, gives the Design Review Board authority to take final action on projects. The proposed amendment modifies the Municipal Code to reflect that a Board may have decision making authority pursuant to the establishing ordinance by which it was created (Attachment No. 6 and 7). FUNDING SOURCE: Not applicable. RCA-9/6/94 2 (CD94-61) I � ` ALTERNATIVE ACTION: The City Council may make the following motion: A. "Deny Code Amendment No. 94-2 with findings." ATTACHMENTS: 1. Findings for Approval 2. Ordinance No. -A(Staff Recommendation) 3. Legislative Draft (Staff Recommendation) 4. Ordinance No. -B (Planning Commission Recommendation) 5. Legislative Draft (Planning Commission Recommendation) 6. Ordinance No. 7. Legislative Draft 3. Planning Commission Staff Report dated July 12, 1994 MTU:MSF:MBO:kjl RCA-9/6/94 3 (CD94-61) 9853.3 Secretary. The Director of the Department of Community Development, or a person so designated by the Director, shall serve as Secretary to the Design Review Board without the power to vote. The Board may request any officer or employee of the City for assistance to the Board. 9854 Application. Prior to the issuance of any permits, a project within an area designated for design review shall first submit an application to the Department. The Board shall act on all applications within thirty (30) days of submittal. 9854.1 Design Criteria. The Board shall utilize the following design criteria in the review of applications: (a) The architectural and landscape design of a project must integrate harmoniously with the existing or planned character of the immediate neighborhood. (b) The design must be compatible in scale and aesthetic treatment with existing and proposed public and private developments within reviewed areas of the City. (c) The design must not detract from the desirability and/or aesthetic quality of the immediate neighborhood. (d) The design must avoid extremes of dissimilarity or monotony in order to prevent depreciation in property appearance and value. 9854.2 Design Factors. The Board shall consider the following design factors in applying the above criteria to a project proposal. (a) Height, location, bulk, area, materials, colors, type and variations in any structure, facility, landscaping or architectural feature so considered. (b) Site layout, orientation and relationship to open areas, topography and existing or proposed structures in the surrounding neighborhood. (c) Sign design and its relation to the proposed use and surrounding neighborhood. (d) The probable useful life of other structures on the site and in the immediate area. (e) Relation of the proposed use to other existing and proposed facilities. (f) All applicable provisions of this code. 9854.3 Design Review Board Guidelines. The Board shall implement any adopted design guidelines as necessary in order to facilitate the administration of its duties provided in this Article. 3 4\s\Ord:Leg.Draft Article 985\6/8/94 4 4\s\Ord:Leg.Draft Article 985\6/8/94 ATTACHMENT 4 ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLE 985 THEREOF RELATING TO THE DESIGN REVIEW BOARD WHEREAS, the City Council of the City of Huntington Beach desires to amend the Huntington Beach Ordinance Code to change certain matters pertaining to the Design Review Board; and 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 relative to amending the Huntington Beach Ordinance Code as provided herein, wherein both bodies have carefully considered all information presented at said hearings; 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 9853 of the Huntington Beach Ordinance Code, entitled "Membership," is hereby amended to read as follows: 9853 Membership. The Board shall be composed of six(6) members. The membership shall consist of the following: Two (2) At-large members, consisting of current City residents chosen by the City Council. Alternate City residents may be designated by the City Council. 1 4\s\Ord:Amend 986 Boards&Commissions\8/4/94 One (1) current City Council member chosen by the City Council. An alternate City Council member may be designated by the City Council. One (1) current City Planning Commissioner chosen by the Planning Commission. An alternate Commissioner may be designated by the Planning Commission. The Community Development Director or his/her designee. The Public Works Director or his/her designee. SECTION 2. That Section 9853.1 of the Huntington Beach Ordinance Code, entitled "Terms of Office," is hereby amended to read as follows: 9853.1 Terms of Office. a. At-large members. The term of office for At-large members shall be four (4)years, except as hereinafter provided. One At-large member shall be appointed in 1994, and each fourth year thereafter. One At-large member shall be appointed in 1994 for a two year term, and each fourth year thereafter. No At-large member shall serve more than two (2) consecutive terms, except that the current At-large member may be appointed for the two year term mentioned herein. At-large members may serve until their respective successors are appointed and qualified. An At- large member may be removed prior to the expiration of his/her term by a motion adopted by the City Council. b. City Council member. The term of the City Council member shall expire when such member ceases to be a member of the City Council. A City Council member may be removed prior to the expiration of his/her term by a motion adopted by the City Council. Members may serve until their respective successors are appointed and qualified. C. Planning Commission member. The term of the Planning Commission member shall expire when such member ceases to be a member of the Planning Commission. A Planning Commission member may be removed prior to the expiration of his/her term by a motion adopted by the Planning Commission. Members may serve until their respective successors are appointed and qualified. 2 4\s\Ord:Amend 986 Boards&Commissions\8/4/94 SECTION 3. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 1994. Mayor ATTEST: APPROVED AS TO FORM: City Clerk C 4tgy e�� Q� ©-41-� REVIEWED AND APPROVED: rINITIATED AND APPROVED: 5 City Administrator irectorjornmu ity evelopment 3 4\s\Ord:Amend 986 Boards&Commissions\8/4/94 ATTACHMENT 5 LEGISLATIVE DRAFT DESIGN REVIEW BOARD Sections: 9850 Design Review Board Established 9851 Duties 9852 Appeals 9853 Membership 9853.1 Terms of Office 9853.2 Bylaws 9853.3 Secretary 9854 Application 9854.1 Design Criteria 9854.2 Design Factors 9854.3 Design Review Board Guidelines 9850 Design Review Board Established. There is hereby created a Design Review Board for the City of Huntington Beach referred to herein as the"Board." 9951 Duties. The duties of the Board shall include the following: a. Encourage, guide, and recommend attractive aesthetically and harmonious, compatible development projects within designated areas of the City through the process of design review. b. Review, make recommendations or take final action on the proposed design of any project to be constructed, altered or modified in areas designated Civic Facilities (CF), Civic District (CD), Redevelopment Survey and Project Areas, the Downtown Specific Plan and/or other areas so designated by the City Council. C. Recommend to the Director, Zoning Administrator, Planning Commission and/or City Council either approval, conditional approval or denial of any design review application. 9852 Appeals. Any action of the Board rendered when acting as a decision making body, may be appealed to the Planning Commission as provided in this code. Any action of the Board rendered when action on a request from the Zoning Administrator, the Planning Commission, or the City Council, may be appealed to the body originating the request as provided by this code. 9853 Membership. The Board shall be composed of five (5) six (6) members. appointed by and responsible to the City yCounroi . ist „fore ( ) City r,.,,,,4 Conunissioner-, one (1) City resident with an alternate City resident, the Cenhmunity Developmen Member-with an alternate City Council Member-, one (1)Planning Ce i i vith an after-n- 4\s\G:Leg.Draft Article 985\8/4/94 I Direc4e and the Publ: designee.er- The membership shall consist of the following: Two (2) At-large members, consisting of current City residents chosen by the City Council. Alternate City residents may be designated by the City Council. One (1) City Council member chosen by the City Council. An alternate Council Member may be designated by the City Council. One (1) current City Planning Commissioner chosen by the Planning Commission. An alternate Commissioner may be designated by the Planning Commission. The Community Development Director or his/her designee. The Public Works Director or his/her designee. 9853.1 Terms of Office. The+o,. s e f„ffl,.o shall be for fur (n)years emeept i the ease of City Couneil er-Planning Ceninaissien fnember-. Theif terms shall expir-e no later-than the day they cease te be either a fnember ef the City Ceeneil er-Planning Cemmissien. a. At-large members. The term of office for At-large members shall be four (4) years, except as hereinafter provided. One At-large member shall be appointed in 1994, and each fourth year thereafter. One At- large member shall be appointed in 1994 for a two year term, and each fourth year thereafter. No At-large member shall serve more than two (2) consecutive terms, except that the current At-large member may be appointed for the two year term mentioned herein. At-large members may serve until their respective successors are appointed and qualified. An At-large member may be removed prior to the expiration of his/her term by a motion adopted by the City Council. b. City Council Member. The term of the City Council member shall expire when such member ceases to be a member of theCity Council. A City Council member may be removed prior to the expiration of his/her term by a motion adopted by theCity Council. Members may serve until their respective successors are appointed and qualified. 2 4\s\G:Leg.Draft Article 985\8/4/94 1 C. Planning Commission member. The term of the Planning Commission member shall expire when such member ceases to be a member of the Planning Commission. A Planning Commission member may be removed prior to the expiration of his/her term by a motion adopted by the Planning Commission. Members may serve until their respective successors are appointed and qualified. 9853.2 Bylaws. The Board shall adopt bylaws and rules as it deems necessary for the selection of its officers, the time and place of its meetings and such other matters relative to its work and administration of its resolution. 9853.3 Secretary. The Director of the Department of Community Development, or a person so designated by the Director, shall serve as Secretary to the Design Review Board without the power to vote. The Board may request any officer or employee of the City for assistance to the Board. 9854 Application. Prior to the issuance of any permits, a project within an area designated for design review shall first submit an application to the Department. The Board shall act on all applications within thirty (30) days of submittal. 9854.1 Design Criteria. The Board shall utilize the following design criteria in the review of applications: (a) The architectural and landscape design of a project must integrate harmoniously with the existing or planned character of the immediate neighborhood. (b) The design must be compatible in scale and aesthetic treatment with existing and proposed public and private developments within reviewed areas of the City. (c) The design must not detract from the desirability and/or aesthetic quality of the immediate neighborhood. (d) The design must avoid extremes of dissimilarity or monotony in order to prevent depreciation in property appearance and value. 9854.2 Design Factors. The Board shall consider the following design factors in applying the above criteria to a project proposal. (a) Height, location, bulk, area, materials, colors, type and variations in any structure, facility, landscaping or architectural feature so considered. (b) Site layout, orientation and relationship to open areas, topography and existing or proposed structures in the surrounding neighborhood. 3 4\s\G:Leg.Draft Article 985\8/4/94 (c) Sign design and its relation to the proposed use and surrounding neighborhood. (d) The probable useful life of other structures on the site and in the immediate area. (e) Relation of the proposed use to other existing and proposed facilities. (f) All applicable provisions of this code. 9854.3 Design Review Board Guidelines. The Board shall implement any adopted design guidelines as necessary in order to facilitate the administration of its duties provided in this Article. 4 4\s\G:Leg.Draft.Article 985\8/4/94 ATTACHMENT 6 ATTACHMENT 7 LEGISLATIVE DRAFT Huntington Beach Municipal Code 2.100.010--2.100.070 Chapter 2.100 OPERATING POLICY FOR BOARDS AND COMMISSIONS (2896-6/87, 3124-12/91) Sections: 2.100.010 Establishment 2.100.020 Definitions 2.100.030 Budget 2.100.040 Staff 2.100.050 Staff liaison and residency 2.100.060 Service limitation 2.100.070 Employment limitation 2.100.080 Duration of terms 2.100.085 Attendance 2.100.090 Open meetings 2.100.100 Rules 2.100.110 Applicability 2.100.010 Establishment. All advisory boards and commissions shall be established by ordinance. Committees may be established by resolution. The enabling document may establish the duration, manner of appointment, term of office, and powers and duties. (2896-6/87, 3124-12/91) 2.100.020 Definitions. (a) Board - a body of members appointed pursuant to Huntington Beach Charter section 405 to serve in a continuing advisory capacity to the City Council, except for such Boards which have decision making authority pursuant to the particular establishing ordinance creating such Board; (b) Commission - a body of members appointed pursuant to Huntington Beach Charter section 405 which may have decision making authority in those activities delegated to them by the City Council; (c) Committee - a body of members appointed pursuant to Huntington Beach Charter section 405 on an ad hoc basis to advise the City Council on particular matters. (2896-6/87) 2.100.030 Budget. When deemed necessary, the City Council may cause to be set aside in the budget for each fiscal year an amount necessary for the functioning of such boards and commissions. (2896-6/87) 2.100.040 Staff. The city shall assign a staff liaison to each board and commission. (2896-6/87) 2.100.050 Staff liaison and residency. Unless otherwise specified, each board or commission is to be assigned one staff liaison specified by the City Council. All members of boards and commission shall be residents and electors of the city of Huntington Beach. (2896-6/87) 2.100.060 Service limitation. No person shall serve on more than one board or commission at any one time. No person shall serve more than two (2) consecutive terms on any one (1)board or commission. Provided, however, that persons serving on the effective date of this ordinance may complete their current terms and, if reapppointed, one additional term thereafter. (2896-6/87) 2.100.070 Employment limitation. No person serving on any board or commission shall hold any full or part-time paid office or employment in the Huntington Beach personnel system while so serving, unless otherwise specified. (2896-6/87) 2.100.080--2.100.110 Hu.,Lington Beach Municipal Code 2.100.080 Duration of terms. Members shall serve until their respective successors are appointed and qualified. The City Council shall have the power to fill any vacancies. Unless otherwise specified, terms of members of boards and commissions shall be four(4) years, staggered so that the majority of terms shall end in odd-numbered years following the election of four (4) council members and remainder of the terms shall end in odd-numbered years following the election of three (3) council members. (2896-6/87) 2.100.085 Attendance. Any person appointed to any city board, commission, or committee shall automatically vacate the office upon a fifth (5th) unexcused absence during a calendar year or upon more than three (3) consecutive absences at any time during the term of office. The appointing authority shall appoint a successor to fill the vacancy. (3124-12/91) 2.100.090 Open meetings. All meetings of boards and commissions shall be open to the public unless subject to the closed session exceptions contained in the Ralph M. Brown Act (Government Code section 54950). (2896-6/87) 2.100.100 Rules. Each board and commission may adopt such bylaws and rules as may be necessary or convenient for the conduct of its business, subject to approval of the City Council. (2896-6/87) 2.100.110 Applicability. This chapter shall apply to all boards and commissions, unless an ordinance enacted after the date of this section establishes different requirements; provided, however, the service limitation set forth in section 2.100.060 shall not apply to the Personnel Commission. (3124-12/91) ATTACHMENT 8 Hnti€ri` :. ::....each.. e . anent.: ; : mmun .. Devl .mend:::::... ::.:.:.:: .::::::;::::::;::::. :::.::.:::::..�.:::::::::::::::::::::::::......::.:::::::::::: :::::.:.:::::: .:;:::::.:: :::: P................... XX TO: Planning Commission FROM: Howard Zelefsky, Planning Director n�Q' BY: Mary Beth Ormsby, Assistant Planne` ; DATE: July 12, 1994 SUBJECT: CODE AMENDMENT NO. 94-2 LOCATION: City-Wide STATEMENT OF ISSUE: Code Amendment No. 94-2 was initiated by staff at the City Council's request to change the composition of the Design Review Board's membership. Currently, the Design Review Board is composed of five (5) members. Of the members, one is a City Councilmember and one is a city resident, pursuant to Section 9853 of the Huntington Beach Ordinance Code. The proposed code amendment would replace the City Councilmember on the Design Review Board with a second At-large member that is a city resident. The code amendment also clarifies language pertaining to the terms and appointments of Design Review Board members, and it clarifies a section of the Huntington Beach Municipal Code pertaining to authority of the Design Review Board. Staff recommends the Planning Commission approve Code Amendment No. 94-2 with findings and forward to City Council for adoption as it will allow for greater community input. RECOMMENDATION: Motion to: "Approve Code Amendment No. 94-2 with findings and forward to City Council for adoption." GENERAL INFORMATION: APPLICANT: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 REQUEST: To amend Article 985, Design Review Board, of the Huntington Beach Ordinance Code changing the Board's membership to have two (2) At-large city resident members rather than one (1) city resident member and one (1) City Councilmember as currently required by Code; additional minor revisions and clarifications of code sections. DATE ACCEPTED: April 8, 1994 PROJECT PROPOSAL: Code Amendment No. 94-2 was initiated by staff at the City Council's request to change the composition of the Design Review Board's membership. Currently, the Design Review Board is composed of five (5) members as follows: one City Councilmember, one Planning Commissioner, one city resident and two staff members, pursuant to Section 9853 of the Huntington Beach Ordinance Code (see Attachment Nos. 2 and 3). The proposed code amendment would replace the City Councilmember on the Design Review Board with a second At-large city resident member. The code amendment also clarifies language pertaining to the terms of office for Design Review Board members, and it clarifies a section of the Huntington Beach Municipal Code pertaining to the authority of the Design Review Board (see Attachment Nos. 4 and 5). ISSUES: General Plan Conformance: Not applicable. Environmental Status: The proposed project is categorically exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act. Coastal Status. Not applicable. Redevelopment Status: Not applicable. Design Review Board: Code Amendment No. 94-2 will change the composition of the Design Review Board as indicated herein. .Subdivision Committee: Not applicable. Staff Report-7/12/94 2 (pcsr057) Other Departments Concerns: The proposed code amendment would not affect any City departments. The proposed code amendment ordinance has been approved as to form by the City Attorney's office. ANALYSIS: The change in composition of the Design Review Board would allow for more community input in the design of projects throughout the City of Huntington Beach. The selected community representative should have a background in development, architectural design, structural design, or related field to ensure proper experience in implementation of design direction for the city. The other proposed changes are necessary to clarify terms of office, and to correct an inconsistency between Article 985, Design Review Board, of the Huntington Beach Ordinance Code and Section 2.100.010, Operating Policy for Boards and Commissions, of the Huntington Beach Municipal Code. The Municipal Code is modified to reflect that the Design Review Board has decision making authority (see Attachment Nos. 4 and 5). ALTERNATIVE ACTION: The Planning Commission may: A. Deny Code Amendment No. 94-2 with findings; or B. Consider additional revisions to Code Amendment No. 94-2. ATTACHMENTS: 1. Findings for Approval 2. Legislative Draft of Article 985, Design Review Board, of the Huntington Beach Ordinance Code 3. Draft Ordinance ofArticle 985, Design Review Board, of the Huntington Beach Ordinance Code 4. Legislative Draft of Section 2.100.020, Operating Policy for Boards and Commissions, of the Huntington Beach Municipal Code 5. Draft Ordinance of Section 2.100.020, Operating Policy for Boards and Commissions, of the Huntington Beach Municipal Code. SH:MBO:kjl Staff Report-7/12/94 3 (pcsr057) ATTACHMENT NO. 1 FINDINGS FOR APPROVAL FINDINGS FOR APPROVAL- CODE AMENDMENT NO. 94-2: 1. Code Amendment No. 94-2, by increasing the number of At-large city residents on the Board, will allow for more community input in the design of projects. Project design will better reflect the goals and vision of city residents. 2. Code Amendment No. 94-2 is consistent with goals and policies of the General Plan because it allows for more community input in the design of projects. Attachment 0 7/12/94 (pcsr057-4) PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a PUBLIC NOTICE NOTICE OF resident of the County aforesaid; I am PUBLIC HEARING CODE-AMENDMENT over the age of eighteen years, and not a NO.94.2 (To amend Article party to or interested in the below 985,Design Review Board of the COASTAL STAT--US: Not entitled matter. I am a principal clerk of Huntington Beach applicable. Ordinance Code and ON FILE:,A copy of the the HUNTINGTON BEACH INDEPENDENT, a Section 2.100.020, proposed request is on file Operating Policy in the Community•Develop=l newspaper of general circulation r Main printed for Beards and man Department, 2000! Street, Huntington) Commissions,of the Beach, California 92648, and published in the City of Huntington Huntington Beach for inspection by the pub- Municipal Code.) lic. A copy of the staff re- Beach, County of Orange, State of NOTICE IS HEREBY port will be available to in- GIVEN that the Huntington terested parties at City hall California, and that attached Notice is a Beach City Council will or the Main City Library) hold a public hearing in the (7111 Talbert Avenue)after' true and complete co printed Council Chamber at the September 1,1994. p PY as was Huntington Beach Civic ALL INTERESTED PER- and published in the Huntington Beach Center, 2000 Main street, SONS are invited to attend Huntington Beach,.Califor• said hearing and express and Fountain Valley Issues of said nia, on the,date and at the opinions or submit ee time indicated below to re- dance for or against the ceive and consider the application as outlined newspaper to wit the issue(s) of: statements of'all persons above.Written communica- who wish to be heard rela- tions may be sent to the tive to the'application de-1 City Clerk. If you challenge scribed below. the City Council's action in DATE/TIME: Tuesday,, court, you.may be limited September 6, 1994, 7:00 to raising only those issues PM I you or someone else August 25, 1994 APPLICATION NUMBER: raised at the public hearing Code Amendment No.94-2 described in this notice, or APPLICANT: City of Hun- in written correspondence tington Beach delivered to the City at, or I LOCATION:City-wide prior to,the,public hearing. ZONE:All zones. If there are any further REQUEST: To,amend Ar• questions please call Mary ticle 985, Design Review Beth Ormsby, Assistant I declare, under penalty of perjury, that Board, of the Huntington. Planner at(714)536.5271. 1 Beach Ordinance Code Connie Brockway, Hun- the foregoing i n i s true and correct. changing the Board mem- City Clerk, City of Hun- g g bership and providing ad- tington Beach, 2000 ditional revisions,and clari- Maln Street, Hun- fications of code sections tington Beach, CA view Board. pertinent to the Design Re- .92648 536-5227 I (714) Executed on August 25 1994 ENVIRONMENTAL STA. Published Huntington i TUS:"Categorically exempt Beach-Fountain Valley In- pursuant to Section 15061, dependent August 25, at Costa Mesa, California. Class (b)(3) of.the Califor- 1994. nia Environmental Quality Act. 084-851 Signature NOTICE OF PUBLIC HEARING CODE AMENDMENT NO. 94-2 (To amend Article 985, Design Review Board, of the Huntington Beach Ordinance Code and Section 2.100.020, Operating Policy for Boards and Commissions, of the Huntington Beach Municipal Code.) 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: Tuesday, September 6, 1994, 7:00 PM APPLICATION NUMBER: Code Amendment No. 94-2 APPLICANT: City of Huntington Beach LOCATION: City-wide ZONE: All zones. REQUEST: To amend Article 985, Design Review Board, of the Huntington Beach Ordinance Code changing the Board membership and providing additional revisions and clarifications of code sections pertinent to the Design Review Board. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15061, Class (b)(3) of the California Environmental Quality Act. COASTAL STATUS: Not applicable ON FILE: A copy of the proposed request is on file in the Community Development Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at City hall or the Main City Library(7111 Talbert Avenue) after September 1, 1994. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. Written communications may be sent to the City Clerk. 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 Mary Beth Ormsby, Assistant Planner at (714) 536-5271. Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 (714) 536-5227 g:onnsby\rno1p0412 hy OFFICE OF THE CITY CLERK CITY OF HUNTINGTON.BEACH 2000 MAIN STREET/P. O. BOX 190 - HUNTINGTON BEACH, CALIFORNIA 92648 Multifax Image Mate (714) 374-1557 ***PLEASE DELIVER THE FOLLOWING MATERIAL AS SOON AS POSSIBLE*** TO: — — FAX NO. 4 -3 f —�. D— PHONE NO. FROM: NUMBER OF PAGES (INCLUDING COVER PAGE) f� ..��. c-; � 610 DATE SENT: TIME SENT: ITM OPERATOR'S NAME PLEASE NOTIFY OPERATOR IMMEDIATELY IF NOT RECEIVED PROPERLY (714) 536-5227 * * * * * * * COMMENTS: CHARGE FOR THIS MATERIAL: PLEASE REMIT TO THE ADDRESS ABOVE 1038K Y CIZ , COUNCIL PUBLIC HEARING REQUEST SUBJECT: C:A ocv. a4-� EPARTMENT: ETING: 49 — 4, ~ : . ::>::;::;»:< ........ » Adam n nl ><>.> :>:: _< >::. ..........R O O I�ER` BL C RI E T P� L I :....:....,: ..... . :..... .:::..::.::;.. (PER... Initial) UTHORM- TIUI c .. .. Assistant City Admuustrator - N/A YES NO ( ) Does Heading and Closing of Notice Reflect City Council Hearing (Not PC) ( ) Is a Map attached and/or is a quarter page legal ad required' ( ( ) ( ) If anneal, is appellant's name shown on legal notice? M ( ) ( ) If housing is involved, is "legal challenge paragraph" included? If Coastal Development Pernvt, are the RESIDENT labels attached and is the Coastal Commission Office on the labels? ( ) ( ) If Coastal Development Permit, has the Master Legal Notice Document been used? ( ) Is Title Company verification letter attached? Were the latest Assessor's Parcel Rolls used? (Please attach Verification of Title Co. or indicate that rolls used were derived from Assessor's Rolls in Planning Dept.,whichever applicable) ( ) ( ) Is the appellant's name and address part of the labels? ( ) Is day of public hearing co;Tect - Monday/Tuesday? ( ) Has the City Administrator's Office authorized the public hearing to be set? N) ( ) Is day of public hearing correct - 'Monday/Tuesday? VV ( ) ( ) Is there an Environmental Status to be approved by Council? Are the appellant/applicant's names and addresses on mailing labels? For Public Hearings at the City Council level, please insert the following paragraph and City Clerk closing at the end of the public hearing notice ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit to the City Clerk Nvritten ex idence for or against the application as outlined above. NN%ritten communications may also be sent to the City Clerk. If there are any further questions. please call (insert name of Planner) at 36-5271. CONME BROCKWAY, CITY CLERK CITY OF HUNTENGTON BEACH 2000 MAIN STREET- 2\D FLOOR HUN TIN GTON BEACH, CALIFOR-NL-k 92648 (714) 536-5227 6/1 7/94 G.es/PL'BHER PUBLIC HEARING NOTIFICATION CHECKLIST MAILING LABELS - (KL154) 8/16/94 President William D. Holman H.B. Chamber of Commerce Pacific Coast Homes 2210 Main Street,Suite 200 23 Corporate Plaza,Suite 250 Huntington Beach,CA 92648 Newport Beach CA 92660-7912 Judy Legan Pres.,H.B. Hist. Society H.B./F.V. Board of Realtors C/O Newland House Museum 8101 Slater Ave. 19820 Beach Blvd. Huntington Beach,CA 92647 Huntington Beach,CA 92648 Presi e Chairperson Amigos De Bols ica Historical Resources Bd. P. O. Box 3748 Comm. Services Dept. Huntington Beach,CA 926 2000 Main St. Huntington Beach,CA 92648 fir. Tom Zanic Seacliff Partners I Council on Aging 520 Broadway Ste. 100 1706 Orange Ave. Santa Monica,CA 90401 I Huntington Beach,CA 92648 Edna Littlebury Golden St. Mob. Hm. Owners Leag. 11021 Magnolia Blvd. Garden Grove,CA 92642 Presiden Huntington Beac morrow 411 6th St. Huntington Beach,CA 9264 Julie Vandermost BIA-OC 9 Executive Circle#100 Irvine Ca 92714-6734 Catherine Stip,Environmental Board Chairman 16391 Fairway Lane Huntington Beach,CA 92649 E.T.I. Corral 100 Mary Bell 20292 Eastwood Cir. Huntington Beach,CA 92646