HomeMy WebLinkAboutAdopt Ordinance No. 4230 Amending the Municipal Code and Zon ` City of Huntington Beach
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File #: 21-418 MEETING DATE: 6/1/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Ursula Luna-Reynosa, Director of Community Development
Subject:
Adopt Ordinance No. 4230 amending the Municipal Code and Zoning and Subdivision Code to
eliminate the Environmental Assessment Committee and Subdivision Committee (Appeal of
Planning Commission Denial of Zoning Text Amendment (ZTA) No. 21-002)
Approved for introduction May 17, 2021 - Vote: 6-1 (Peterson - No)
Statement of Issue:
Ordinance No. 4230 approved for introduction on May 17, 2021, requires adoption
Financial Impact:
Not applicable.
Recommended Action:
Adopt Ordinance No. 4230, "An Ordinance of the City Council of the City of Huntington Beach
Amending Chapters 2.33, and 2.56 of the Huntington Beach Municipal Code; Chapters 240, 248,
250 and 251 of the Huntington Beach Zoning and Subdivision Code Removing All References to the
Subdivision and Environmental Assessment Subcommittees (Zoning Text Amendment No. 21-002)."
Alternative Action(s):
A) Uphold the Planning Commission's Action and Deny Zoning Text Amendment No. 21-002 and
deny the municipal code amendments; or
B) Continue Zoning Text Amendment No. 21-002 and the municipal code amendments and direct
staff accordingly.
Analysis:
PROJECT PROPOSAL:
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File #: 21-418 MEETING DATE: 6/1/2021
Applicant: City of Huntington Beach
Appellant: City Council Member Dan Kalmick
Zoning Text Amendment (ZTA) No. 21-002 is a request to amend the Huntington Beach Municipal
Code (HBMC) and Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to eliminate
the Environmental Assessment Committee and Subdivision Committee to streamline the
entitlement process.
A description of the proposed ZTA as well as a General Plan and Zoning conformance analysis
can be found in the April 27, 2021, Planning Commission staff report (Attachment No. 4).
In addition to the amendments proposed in ZTA No. 21-002, amendments to the HBMC would be
needed in order to implement the City Council's direction, in conjunction with the HBZSO
amendments. The HBMC amendments are as follows:
HBMC Section 2.33.030.E
E. Provide staff services and support to the Planning Commission, Zoning Administrator, Design
Review Board, Environmental Board, Subd44sian GeR?R#FFee,- €Rv q?r?rnPqfg Assessmen
Getee; and other committees, subcommittees, boards and commissions pertaining to
planning.
HBMC Section 2.56.030.D
D. Assists boards, commissions and committees which encourage, foster, promote and facilitate
the objectives of the department including, but not limited to, the Planning Commission,
Community Services Commission, Public Works Commission, SL,;biq� isien Oornm4rpii Board of
Zoning Adjustments, or appoints deputy so to assist.
B. BACKGROUND:
On April 27, 2021, the Planning Commission held a public hearing to consider Zoning Text
Amendment No. 21-002. There were no speakers at the public hearing and no written comments
were received. Staff recommended approval of the Zoning Text Amendment, because it is
consistent with City Council direction and with the economic development strategy of the General
Plan. In addition, it addresses a community need to reduce the processing time of projects,
which could facilitate the development of new projects and increase sales tax revenues, and
eliminates unnecessary committees.
At the public hearing, the Planning Commission brought up the following issues:
• Role of the committees
• Types of projects under committee review
• Level of staff review of environmental documents
• Objectivity of environmental determination
• Time savings without these committees
• Need for public participation
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File #: 21-418 MEETING DATE: 6/1/2021
After deliberations, the Planning Commission denied the Zoning Text Amendment.
Planning Commission Action on April 27, 2021 :
A motion was made by Ray, seconded by Acosta-Galvan, to recommend to the City Council
approval of Zoning Text Amendment No. 21-002 carried by the following vote:
AYES: Acosta-Galvan, Ray, Rodriguez
NOES: Mandic, Perkins, Scandura, Van Der Mark
ABSTAIN: None
ABSENT: None
MOTION FAILED
C. APPEAL:
On April 27, 2021 , City Council Member Dan Kalmick appealed the Planning Commission's denial
of Zoning Text Amendment. He believes the Planning Commission was in error in denying the
Zoning Text Amendment and acted contrary to the policy direction of the City Council (Attachment
No. 5).
D. SUMMARY:
Staff is recommending approval of the municipal code amendments and ZTA No. 21-002, based
on the following reasons:
1 . It is consistent with City Council direction.
2. It is consistent with the economic development strategy of the General Plan.
3. It addresses a community need to reduce the processing time of projects, which could
facilitate the development of new projects and increase sales tax revenues.
4. It removes redundancy in the entitlement process and eliminates unnecessary
committees.
Environmental Status:
The proposed municipal code amendments and Zoning Text Amendment No. 21-002 will not have
any significant effect on the environment and is categorically exempt from the California
Environmental Quality Act pursuant to Section 15061(b)(3) (General Rule) of the CEQA Guidelines,
because there is no potential for the amendment to the HBMC and HBZSO to have a significant effect
on the environment.
Strategic Plan Goal: Economic Development & Housing
Attachment(s):
1. Suggested Findings of Approval - Zoning Text Amendment No. 21-002
2. Draft City Council Ordinance No. 4230
3. Zoning Text Amendment No. 21-002 Legislative Draft
4. April 27, 2021 Planning Commission Staff Report
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File #: 21-418 MEETING DATE: 6/1/2021
5. Appeal of Planning Commission Denial received April 27, 2021
6. Excerpt of March 15, 2021 City Council Minutes
7. City Council Member Kalmick Memorandum dated March 15, 2021
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City of Huntington Beach
File #: 21-379 MEETING DATE: 5/17/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Ursula Luna-Reynosa, Director of Community Development
Subiect:
Consider the Appeal of Planning Commission Denial of Zoning Text Amendment (ZTA) No. 21-
002 (Environmental Assessment Committee and Subdivision Committee) and approve for
introduction Ordinance No. 4230 amending the Municipal Code and Zoning and Subdivision
Code to eliminate the Environmental Assessment Committee and Subdivision Committee
Statement of Issue:
The proposed Zoning Text Amendment. in conjunction with the proposed municipal code
amendments, would amend the Huntington Beach Municipal Code and Zoning and Subdivision
Ordinance to eliminate the Environmental Assessment Committee and Subdivision Committee to
streamline the entitlement process. Staff recommended approval of the Zoning Text Amendment with
suggested findings to the Planning Commission. On April 27, 2021 , the Planning Commission voted
to deny the Zoning Text Amendment. City Council Member Dan Kalmick filed an appeal of the
Planning Commission's decision on April 27, 2021 .
Financial Impact:
Not applicable
Recommended Action:
It is recommended that the City Council take the following action:
A) Find that the municipal code amendments and Zoning Text Amendment No. 21-002 are
categorically exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3)
(General Rule) of the CEQA Guidelines, because there is no potential for the project to have a
significant effect on the environment, and,
B) Approve the municipal code amendments and Zoning Text Amendment No. 21-002 with findings
(Attachment No. 1), and,
C) Approve for introduction Ordinance No. 4230, "An Ordinance of the City Council of the City of
Huntington Beach Amending Chapters 2.33, and 2.56 of the Huntington Beach Municipal Code;
City of Huntington Beach Page 1 of 4 Printed on 5/12/2021
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File #: 21-379 MEETING DATE: 5/17/2021
Chapters 240, 248, 250 and 251 of the Huntington Beach Zoning and Subdivision Code Removing All
References to the Subdivision and Environmental Assessment Subcommittees (Zoning Text
Amendment No. 21-002)." (Attachment No. 2)
Alternative Action(s):
A) Uphold the Planning Commission's Action and Deny Zoning Text Amendment No. 21-002 and
deny the municipal code amendments; or
B) Continue Zoning Text Amendment No. 21-002 and the municipal code amendments and direct
staff accordingly.
Analysis:
A. PROJECT PROPOSAL:
Applicant: City of Huntington Beach
Appellant: City Council Member Dan Kalmick
Zoning Text Amendment_(ZTA)_No._21_002 is a request to amend the Huntington Beach Municipal
Code (HBMC) and Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to eliminate
the Environmental Assessment Committee and Subdivision Committee to streamline the
entitlement process.
A description of the proposed ZTA as well as a General Plan and Zoning conformance analysis
can be found in the April 27, 2021, Planning Commission staff report (Attachment No. 4).
In addition to the amendments proposed in ZTA No. 21-002, amendments to the HBMC would be
needed in order to implement the City Council's direction, in conjunction with the HBZSO
amendments. The HBMC amendments are as follows:
HBMC Section 2.33.030.E
E. Provide staff services and support to the Planning Commission, Zoning Administrator, Design
Review Board, Environmental Board, Subad445iera wee, €n"ropmeata/ Assesspgep
Ceagnnimee, and other committees, subcommittees, boards and commissions pertaining to
planning.
HBMC Section 2.56.030.D
D. Assists boards, commissions and committees which encourage, foster, promote and facilitate
the objectives of the department including, but not limited to, the Planning Commission,
Community Services Commission, Public Works Commission, SubdivisO Con4n94,ee, Board of
Zoning Adjustments, or appoints deputy so to assist.
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File #: 21-379 MEETING DATE: 5/17/2021
B. BACKGROUND:
On April 27, 2021, the Planning Commission held a public hearing to consider Zoning Text
Amendment No. 21-002. There were no speakers at the public hearing and no written comments
were received. Staff recommended approval of the Zoning Text Amendment, because it is
consistent with City Council direction and with the economic development strategy of the General
Plan. In addition, it addresses a community need to reduce the processing time of projects,
which could facilitate the development of new projects and increase sales tax revenues, and
eliminates unnecessary committees.
At the public hearing, the Planning Commission brought up the following issues:
• Role of the committees
• Types of projects under committee review
• Level of staff review of environmental documents
• Objectivity of environmental determination
• Time savings without these committees
• Need for public participation
After deliberations, the Planning Commission denied the Zoning Text Amendment.
Planning Commission Action on April 27, 2021 :
A motion was made by Ray, seconded by Acosta-Galvan, to recommend to the City Council
approval of Zoning Text Amendment No. 21-002 carried by the following vote:
AYES: Acosta-Galvan, Ray, Rodriguez
NOES: Mandic, Perkins, Scandura, Van Der Mark
ABSTAIN: None
ABSENT: None
MOTION FAILED
C. APPEAL:
On April 27, 2021 , City Council Member Dan Kalmick appealed the Planning Commission's denial
of Zoning Text Amendment. He believes the Planning Commission was in error in denying the
Zoning Text Amendment and acted contrary to the policy direction of the City Council (Attachment
No. 5).
D. SUMMARY:
Staff is recommending approval of the municipal code amendments and ZTA No. 21-002, based
on the following reasons:
1. It is consistent with City Council direction.
2. It is consistent with the economic development strategy of the General Plan.
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File #: 21-379 MEETING DATE: 5/17/2021
3. It addresses a community need to reduce the processing time of projects, which could
facilitate the development of new projects and increase sales tax revenues.
4. It removes redundancy in the entitlement process and eliminates unnecessary
committees.
Environmental Status:
The proposed municipal code amendments and Zoning Text Amendment No. 21-002 will not have
any significant effect on the environment and is categorically exempt from the California
Environmental Quality Act pursuant to Section 15061(b)(3) (General Rule) of the CEQA Guidelines,
because there is no potential for the amendment to the HBMC and HBZSO to have a significant effect
on the environment.
Strategic Plan Goal:
Economic Development & Housing
Attachment(s):
1. Suggested Findings of Approval - Zoning Text Amendment No. 21-002
2. Draft City Council Ordinance No. 4230
3. Zoning Text Amendment No. 21-002 Legislative Draft
4. April 27, 2021 Planning Commission Staff Report
5. Appeal of Planning Commission Denial received April 27, 2021
6. Excerpt of March 15, 2021 City Council Minutes
7. City Council Member Kalmick Memorandum dated March 15. 2021
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ATTACHMENT #1
ATTACHMENT NO. 1
SUGGESTED FINDINGS OF APPROVAL
ZONING TEXT AMENDMENT NO. 21-002
SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA:
Zoning Text Amendment No. 21-002 is categorically exempt from the California
Environmental Quality Act pursuant to Section 15061(b)(3) (General Rule) of the CEQA
Guidelines because there is no potential for the amendment to the Huntington Beach
Municipal Code and Huntington Beach Zoning and Subdivision Ordinance to have a
significant effect on the environment.
SUGGESTED FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 21-
002:
1 . Zoning Text Amendment No. 21-002 to amend the Huntington Beach Municipal
Code and Huntington Beach Zoning and Subdivision Ordinance to eliminate the
Environmental Assessment Committee and Subdivision Committee is consistent
with the economic development strategy of the General Plan to update the
Huntington Beach Zoning and Subdivision Ordinance to ensure the development
regulations and land controls reflect the City's economic development goals. The
proposed Zoning Text Amendment will reduce the processing time of projects and
could facilitate the development of new projects and increase sales tax revenues.
2. Zoning Text Amendment No. 21-002 is compatible with the uses authorized in, and
the standards prescribed for, the zoning district for which it is proposed because it
does not propose any new land uses or revise development standards.
3. A community need is demonstrated for the change proposed because the Zoning
Text Amendment will reduce the processing time of projects, which could facilitate
the development of new projects and increase sales tax revenues.
4. Its adoption will be in conformity with public convenience, general welfare and good
zoning practice because the Zoning Text Amendment will reduce the processing
time of projects.
Attachment 1%. 1.1
ATTACHMENT #2
ORDINANCE NO. 4230
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AiIMENDING CHAPTERS 2.33, AND 2.56 OF THE HUNTINGTON BEACH MUNICIPAL
CODE; CHAPTERS 240, 248, 250 AND 251 OF THE HUNTfNGTON BEACH ZONING
AND SUBDIVISION CODE REMOVING ALL REFERENCES TO THE SUBDIVISION AND
ENVIRONMENTAL ASSESSMENT SUBCOMMITTEES
(ZONNG TEXT AMENDMENT NO. 21-002)
WHEREAS. Zoning Text Amendment No. 21-002 will amend the Huntington Beach
Municipal Code and Huntington Beach Zoning and Subdivision Ordinance to eliminate the
Subdivision Committee and Environmental Committee; and
The Huntington Beach Planning Commission and Huntington Beach City Council have
held separate, duly noticed public hearings to consider Zoning Text Amendment No. 21-002; 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;
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 2.33.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
2.33.030 Department Objectives
The objectives of the department shall be as follows:
A. Provide long-range data analysis and comprehensive planning, including statistical
research, neighborhood planning and analysis, special projects, and methods of
implementing plans and programs.
B. Administer ongoing and continuing planning and zoning functions, including
administration of zoning and subdivision ordinances.
C. Provide services to developers and investors to assist in facilitating development or
to encourage new development in accordance with policies of the City Council.
D. .Administer and enforce laws, ordinances, regulations and programs related to
housing, zoning and property maintenance.
E. Provide staff services and support to the Planning Commission, Zoning
Administrator, Design Review Board, Environmental Board; and other committees,
subcommittees, boards and commissions pertaining to planning.
F. Administer and enforce state and local construction regulations to protect the health
and safety of the community.
G. Utilize automation to improve the access to information and services.
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ORDFNANCE NO. 4230
Fl. Provide plan review and inspection services in a professional, flexible and equitable
manner.
I. Perform such other related duties as shall be required by law, ordinance or the City
Manager.
SECTION 2. Section 2.56.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
2.56.030 Director—Powers and Duties
The Director of Public Works shall be the head of the Public Works Department, and
shall be appointed by the City Manager. The director shall have the following powers and
duties:
A. Plans, organizes, directs and coordinates all divisions, programs and activities of the
Public Works Department.
B. Determines and directs department policies, procedures, and organization.
C. Establishes and maintains systems for public flood control, sewers, streets, parks;
City facilities, potable water, landscape services and basic public health and safety.
D. Assists boards, commissions and committees which encourage, foster, promote and
facilitate the objectives of the department including, but not limited to, the Planning
Commission, Community Services Commission, Public Works Commission, Board of
Zoning Adjustments, or appoints deputy so to assist.
E. Investigates and authorizes purchase of materials, services and equipment necessary
to implement and operate department activities within the scope of the department
budget.
F. Communicates department plans, policies and activities to various governmental
agencies and civic groups in the advancement of department objectives under the
direction of the City Manager.
G. Prepares, submits and administers department budget.
H. Investigates, analyzes, and makes recommendations as to construction or
improvement bids on Public Works projects; and administers the contract upon approval
of the City Council.
1. Perfonms such other duties and has such other powers as the City Council may
establish hereafter by resolution.
J. Administration and enforcement of appropriate sections of Titles S. 12, 13 and 14 of
the Huntington Beach Municipal Code.
ORDINANCE NO. 4230
SECTION 3. Section 240.040 of the Huntington Beach Zoning Code is hereby amended
to read as follows:
240.040 Environmental Review
A. Purpose. The purpose of this section is to implement the California Environmental
Quality Act of 1970 (CEQA). This section shall apply to all permits or entitlements,
not otherwise exempt, requiring discretionary action by the City. The City Council
shall by resolution adopt policies, objectives, criteria, and procedures regulating
environmental evaluation of public and private projects. This section and the
provisions adopted by resolution provide the basic principles; objectives, criteria,
procedures, and definitions to ensure consistent implementation of the California
Environmental Quality Act.
B. Administration. The director shall be responsible for:
1. Preparing and processing all environmental documents necessary to comply with
CEQA, the guidelines of the California State Resource Agency as authorized under
the Public Resources Code Section 21083, and such additional provisions as may
be adopted by the City of Huntington Beach; and
2. Contracting for private, professional consultation for preparation of environmental
impact reports.
C. Environmental Determination. Prior to any project approval, the discretionary body
shall first act upon the negative declaration or the environmental impact report (EIR).
The discretionary body acting on the project may adopt the negative declaration or may
reject it and require an environmental impact report. The discretionary body may
certify the environmental impact report or reject it, if deemed incomplete.
D. Mitigation Measures. Any feasible change or alteration to the project which avoids
or substantially lessens the significant environmental impacts identified in the negative
declaration or final EIR shall be incorporated as a condition of approval imposed on
the project. The condition of approval shall also describe the time period and the
manner in which the mitigation measure must be satisfied.
E. Monitoring and Reporting Program. The City requires a reporting or monitoring
program be prepared to ensure compliance of mitigation measures during project
implementation. The project applicant shall be responsible for ensuring completion of
the program and shall submit to the City reports indicating the status of compliance.
The City may obtain or require an independent analysis of any completed reports
submitted as required by a mitigation measure. The cost of the analysis shall be paid
by the project applicant.
Prior to the final inspection the monitoring program report shall be completed and
accepted by the City. A separate report may be required for each phase of a project
constructed in phases.
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ORDINANCE NO. 4230
F. Appeal. Any decision of the committee may be appealed to the discretionary body
which has original jurisdiction over approval of the project as provided in this Code.
The appeal shall be heard prior to the discretionary body's action on the project.
SECIION 4. Section 248.16 of the Huntington Beach Zoning Code is hereby amended to
read as follows:
248.16 Finality of Decision and Time for Appeal
A decision on a discretionary approval is not final until the time for appeal expires. The
time for appeal from a decision by the Zoning Administrator, Design Review Board, or the
Planning Commission shall be filed within 10 calendar days after the date of the decision.
Appeals may not be processed on actions which must be heard by and receive final action
by the City Council, except that Coastal Development Permits for development located in
the appealable area of the coastal zone may be appealed to the Coastal Commission as
described in Section 245.32.
SECTION 5. Section 248.18 of the Huntington Beach Zoning Code is hereby amended
to read as follows:
248.18 Designation of Hearing Body on Appeal
The Planning Commission shall hear an appeal from the decision of the director, "Zoning
Administrator, Design Review Board. The City Council shall hear an appeal from the
decision of the Planning Commission. The decision of the City Council is final, except that
Coastal Development Permits for development located in the appealable area of the coastal
zone may be appealed to the Coastal Commission.
SECTION 6. Section 248.22 of the Huntington Beach Zoning Code is amended to read
as follows:
248.22 Appeal of Failure to Act
An applicant may appeal the failure of the Zoning Administrator, Design Review Board
or Planning Commission to act on an application if the failure to act continues beyond a
reasonable time and the time to act is not otherwise Fixed by law. The appeal body shall
consider all of the circumstances surrounding the application in determining what is a
reasonable time.
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ORDINANCE NO. 4230
SECTION 7. Section 248.28 of the Huntington Beach Zoning Code is amended to read as
follows:
248.28 Appeal by City Council iNlember or Planning Commissioner
A. A City Council member or a Planning Commissioner may appeal a decision of the
director, Design Review Board, Planning Commission or Zoning Administrator. The
appeal shall be processed in the same manner as an appeal by any other person but need
not be accompanied by the fee prescribed for an appeal.
B. The City Council member or Planning Commissioner appealing the decision is not
disqualified by that action from participating in the appeal hearing and the deliberations
nor from voting as a member of the reviewing body.
SECTION 8. Section 250.10 of the Huntington Beach Zoning Code is amended to read as
follows:
250.10 Definitions
For the purposes of this title, unless otherwise apparent from the context, certain words
and phrases used in this title are defined in this section as set forth below. All definitions
provided in Chapters 1.04 and 203 and Section 245.04 of the Municipal Code and all
definitions provided in the Subdivision Map Act shall also be applicable to this title and
said definitions are hereby incorporated by this reference as though fully set forth herein.
Access Rights. The right of abutting landowners or occupants to obtain access to an
abutting public way.
Acreage. Any parcel of land which is not a lot, as defined in this chapter, and those areas
where a legal subdivision has not been made previously, or where a legal subdivision has
declared such parcel as acreage.
Block. The area of land within a subdivision, which area is entirely bounded by streets,
highways or ways, except alleys, or the exterior boundary or boundaries of the
subdivision.
Certificate of Compliance. A valid authorization, issued by the City, stating that the
subdivision of creation complies with City subdivision laws applicable at the time of
creation or stating that the subdivision complies with the Subdivision Map Act and this
title.
City Engineer. The City Engineer of the City of Huntington Beach.
Collector Street. A street, intermediate in importance between a local street and an
arterial highway, which has the purpose of collecting local traffic and carrying it to an
arterial highway.
Conversion. The creation of separate ownership of existing real property together with a
separate interest in space of residential, industrial or commercial buildings.
Cul-de-Sac. A local street, one end of which is closed and consisting of a circular
tumaround.
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ORDINANCE NO. 4230
Day. A calendar day unless otherwise specified.
Department. The Community Development Department of the City of Huntington
Beach.
Department of Public Works. The Department of Public Works of the City of
I-luntington Beach.
Director. The Director of the Community Development Department of the City of
Huntington Beach.
Easement. A grant of one or more property rights by the owner to the City, a public
entity, public utility, or private party.
Final Niap. A map showing a subdivision of five or more parcels, prepared in accordance
with the provisions of the Subdivision Map Act and this title and designed to be placed
on record in the office of the Orange County Recorder.
Lot Line Adjustment. A minor shift or rotation of an existing lot line where a greater or
lesser number of parcels than originally existed is not created.
Merger. The joining of two or more contiguous parcels of land under one ownership into
one parcel.
Parcel. A unit or portion of a unit of improved or unimproved land.
Parcel Map. A map showing a subdivision of four or fewer parcels or a subdivision
pursuant to the exceptions stated in Section 66426 of the Subdivision Map Act prepared
in accordance with the provisions of the Subdivision Map Act and this title and designed
to be placed on record in the office of the Orange County Recorder.
Parkway. That area between the curb face and abutting property line.
Person. Any individual, firm, co-partnership,joint venture, organization, corporation,
estate, trust, receiver, syndicate, this City, and any other public agency.
Private Street. Any street or accessway which is privately held, maintained and utilized
as access to a development.
Remainder. That portion of an existing parcel which is not divided for the purpose of
sale, lease, or financing nor part of the subdivision.
Scenic Easement. An casement dedicated to the City that protects a view from a specific
location or locations to a specific visual resource by prohibiting or limiting development.
Service Road. A street adjacent to and providing access to an arterial highway.
Standard Engineering Specifications. Specifications for public improvements adopted
by the Department of Public Works.
Standard Plans. Plans and engineering drawings for public improvements as adopted by
the Department of Public Works.
Subdivision Map Act. The provisions of Division 2, Subdivisions of the
California Government Code, relating to subdivisions of land and real property
commencing with Section 66410.
Tentative Map. A map made for the purpose of showing the design and improvements
of a proposed subdivision and the existing conditions in and around it precedent to the
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ORDINANCE NO. 4230
approval of a final map. Tentative map shall include a tentative parcel map, prepared
pursuant to the provisions of this title.
Usable Parcel Area. That portion of a parcel which does not exceed a slope of 10%. Any
portion of the parcel exceeding 10% shall, for the purpose of this title, be considered
slope and not usable parcel area.
Vesting "tentative 17ap. A tentative map for a residential subdivision that has, printed
conspicuously on its face, the words "vesting tentative map" at the time it is filed with the
City, and is processed in accordance with the provisions of Chapter 252 of this title.
SECTION 9. Section 250.12 of the Huntington Beach Zoning Code is amended to read as
follows:
250.12 Responsibilities
A. City Attorney. The City Attorney's responsibilities shall include approving as to
form all subdivision improvement agreements; covenants, codes, and restrictions;
security, liability agreements and insurance; and all governing documents for a
community apartment project, condominium, stock cooperative; or conversion.
B. City Council.
1. The City Council shall have final jurisdiction in the approval of final maps and
improvement agreements and the acceptance by the City of land and/or
improvements as may be proposed for dedication to the City for subdivisions of five
or more parcels.
2. The City Council shall act as the appeal board for hearing appeals of all
subdivision maps acted upon by the Planning Commission.
C. Planning Commission. The Planning Commission's responsibilities shall include
approving, conditionally approving, or denying the application for tentative map approval
of subdivisions of 10 or more parcels. The Platming Commission shall act as the appeal
board for hearing appeals of tentative parcel maps and tentative maps for subdivisions of
nine or fewer parcels.
D. Zoning Administrator. The "Zoning Administrator's responsibilities shall include
the processing and approval, conditional approval or denial of tentative map approval of
subdivisions of nine or less parcels, tentative parcel maps and waivers of parcel map
requirements, mergers and certificates of compliance.
E. City Engineer. The City Engineer's responsibilities shall include:
1. Establishing design and construction details, standards and specifications.
2. Determining if proposed subdivision improvements comply with the
provisions of the Subdivision Ntap Act and this title.
3. The processing and certification of final maps, reversion to acreage maps, and
amended maps and the processing and approval of subdivision improvement plans.
4. Examining and certifying that final maps are in substantial compliance with
the approved tentative map-
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ORDINANCE NO. 4230
5. Final jurisdiction in the approval of parcel maps and certification of lot line
adjustments.
6. The inspection and approval of subdivision public improvements.
7. The acceptance of dedications and public improvements for subdivisions by
parcel map, and off-site dedications lying outside a subdivision boundary which
require a separate grant deed.
S. Collection of all required fees and deposits associated with final maps and
parcel maps except park and recreation fees.
F. Director. The director's responsibilities shall include the processing of tentative
maps and lot line adjustments.
1. Determinations of violations of the provisions of the Subdivision Map Act or
this title.
2. The management of the Department of Community Development in carrying
out the responsibilities imposed upon it by this title. When necessary to carry out
the director's responsibilities hereunder, the director may designate and authorize a
representative to act on his or her behalf.
3. Collection of park and recreation fees and fees associated with tentative maps.
G. Coastal Commission. The Coastal Commission shall have appeal jurisdiction over
Coastal Development Permits approved for all subdivisions and lot line adjustments
located within the appealable area of the coastal zone that constitute development as
defined in Section 245.04 (Development).
SECTION 10. Section 25 1.08 of the Huntington Beach Zoning Code is amended to read as
follows:
251.08 Hearings and Action
A. Notice of Public Hearings. Upon receipt of an application that is accepted as
complete, the Department shall set a date for a public hearing, provide notice as required by
Chapter 248 and prepare a report with recommendations. A copy of the Department report
shall be forwarded to the subdivider at least three working days prior to the public hearing.
B. Planning Commission Action. The Plamiing Commission or Zoning .Administrator as
the case may be, shall approve, conditionally approve, or deny a tentative map within 50
days after the tentative map has been accepted. This time period shall commence after
certification of the environmental impact report, adoption of the negative declaration, or
determination that the project is exempt from the requirements of Division 13 (commencing
with Section 21000) of the Public Resources Code.
C. Factors to Be Considered. In reaching a decision upon the tentative map, the Planning
Commission or Zoning Administrator shall consider the effect of that decision on the
housing needs of the region and balance these needs against the public service needs of its
residents and available fiscal and environmental resources.
8
ORDINANCE NO. 4230
D. Approval. The tentative map may be approved or conditionally approved if the
following findings are made:
1. That the proposed map is consistent with the General Plan or any applicable
specific plan, or other applicable provisions of this Code;
2. That the site is physically suitable for the type and density of development;
3. That the design of the subdivision or the proposed improvements will not cause
serious health problems or substantial environmental damage or substantially and
avoidably injure fish or wildlife or their habitat. Notwithstanding the foregoing, the
Planning Commission or Zoning Administrator may approve such a tentative map if an
environmental impact report was prepared with respect to the project and a finding was
made that specific economic, social or other considerations make infeasible the
mitigation measures or project alternatives identified in the environmental impact
report;
4. That the design of the subdivision or the type of improvements will not conflict
with easements, acquired by the public at large, for access through or use of, property
within the proposed subdivision unless altemative easements, for access or for use, will
be provided.
E. Denial. The Planning Commission or Zoning Administrator shall deny approval of a
tentative subdivision map if it determines that approval will result in any of the conditions
as described in Government Code Section 66474.
SECTION 11. 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 �J�i c,t�E , 202,/ .
0
Mayor
ATTEST:
APPROVED AS TO FOR-f:
City Clerk
City Attorney
it
R E� 'ED ll APPROVED: INITIATED AND APPROVED:
City Manager Community Developmentttt Director
9
Ord. No. 4230
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, 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 May 17, 2021, and was again read to said City
Council at a Special meeting thereof held on June 1, 2021, and was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council.
AYES: Kalmick, Carr, Posey, Moser, Delgleize
NOES: Peterson
ABSENT: Ortiz
ABSTAIN: None
I,Robin Estanislau,CITY CLERK of the City of Huntington
Beach and ex-o@cio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been published in
the Huntington Beach wave on June 10,2021.
In accordance with the City Chatter of said City.
Robin Estanislau, Citv Clerk City Ctlerk and ex-officio Clerk
Deoutc Cite Clerk of the City Council of the City
of Huntington Beach, California
ATTACHMENT #3
Q,Q AI 400 C-&= 5/?.3 D
LEGISLATIVE DRAFT
HBMC 2.33
2.33.030 Department Objectives
The objectives of the department shall be as follows:
A. Provide long-range data analysis and comprehensive planning, including statistical research,
neighborhood planning and analysis, special projects, and methods of implementing plans and
programs.
B. Administer ongoing and continuing planning and zoning functions, including administration of
zoning and subdivision ordinances.
C. Provide services to developers and investors to assist in facilitating development or to encourage
new development In accordance with policies of the City Council.
D. Administer and enforce laws, ordinances, regulations and programs related to housing, zoning
and property maintenance.
E. Provide staff services and support to the Planning Commission, Zoning Administrator, Design
Review Board, Environmental Board, Gubdiy sien Cemrnittee, Envirenmenta}A%e5snie*4�ommtttee,
and other committees, subcommittees, boards and commissions pertaining to planning.
F. Administer and enforce state and local construction regulations to protect the health and safety
of the community.
G. Utilize automation to improve the access to information and services.
H. Provide plan review and inspection services in a professional, flexible and equitable manner.
I. Perform such other related duties as shall be required by law, ordinance or the City Manager.
HBMC 2.56
2.56.030 Director— Powers and Duties
The Director of Public Works shall be the head of the Public Works Department, and shall be appointed
by the City Manager. The director shall have the following powers and duties:
A. Plans, organizes, directs and coordinates all divisions, programs and activities of the Public Works
Department,
B. Determines and directs department policies, procedures, and organization.
C. Establishes and maintains systems for public flood control, sewers, streets, parks, City facilities,
potable water, landscape services and basic public health and safety.
D. Assists boards, commissions and committees which encourage, foster, promote and facilitate the
objectives of the department including, but not limited to, the Planning Commission, Community
Services Commission, Public Works Commission, Subdivision-Committee, Board of Zoning
Adjustments, or appoints deputy so to assist.
E. Investigates and authorizes purchase of materials, services and equipment necessary to
implement and operate department activities within the scope of the department budget.
F. Communicates department plans, policies and activities to various governmental agencies and
civic groups in the advancement of department objectives under the direction of the City Manager.
G. Prepares, submits and administers department budget.
H. Investigates, analyzes, and makes recommendations as to construction or improvement bids on
Public Works projects, and administers the contract upon approval of the City Council.
I. Performs such other duties and has such other powers as the City Council may establish hereafter
by resolution.
J. Administration and enforcement of appropriate sections of Titles 8, 12, 13 and 14 of the
Huntington Beach Municipal Code.
21-9502/252558
98
HBZC 240
2.40.04 Environmental Review
A. Purpose. The purpose of this section is to implement the California Environmental Quality Act of
1970 (CEQA). This section shall apply to all permits or entitlements, not otherwise exempt, requiring
discretionary action by the City. The City Council shall by resolution adopt policies, objectives,
criteria, and procedures regulating environmental evaluation of public and private projects. This
section and the provisions adopted by resolution provide the basic principles, objectives, criteria,
procedures, and definitions to ensure consistent implementation of the California Environmental
Quality Act.
fr. EstabNs ished-an
Environmental Assessment Gommittee can isting-ef-the DireetoFefGeRnnwnity��
Direct McGity Atterney—oFa-desigffaten n -r,T.�-_-� --=-tie-ef each-A-geefum
shah-requwe-at 4east-a�
G.The Environmental
ni Assessment _rirntiee-shall-haVe-
respensibility-fer-evalnaHng-the
envirenmental-impaet of alkdiseretienary-prej epriate-environmental
deeumentation-requi GEQA-and-fnake-feeemmendatienste the diseretieRary
bedy-to-adept-�ny a negaNve declaration or environmental impact report, EORsistent
with state and !era! law.
@D. Administration. The director shall be responsible for:
1. Preparing and processing all environmental documents necessary to comply with CEQA, the
guidelines of the California State Resources Agency as authorized under the Public Resources
Code Section 21083, and such additional provisions as may be adopted by the City of
Huntington Beach; and
2. Contracting for private, professional consultation for preparation of environmental impact
reports.
�E: Environmental Determination. Prior to any project approval, the discretionary body shall
first act upon the negative declaration or the environmental impact report (EIR). The discretionary
body acting on the project may adopt the negative declaration or may reject it and require an
environmental impact report. The discretionary body may certify the environmental impact report or
reject it, if deemed incomplete.
R. Mitigation Measures. Any feasible change or alteration to the project which avoids or
substantially lessens the significant environmental impacts identified in the negative declaration or
final EIR shall be incorporated as a condition of approval imposed on the project. The condition of
approval shall also describe the time period and the manner in which the mitigation measure must
be satisfied.
E.G Monitoring and Reporting Program. The City requires a reporting or monitoring program
be prepared to ensure compliance of mitigation measures during project implementation. The
project applicant shall be responsible for ensuring completion of the program and shall submit to
the City reports indicating the status of compliance. The City may obtain or require an independent
analysis of any completed reports submitted as required by a mitigation measure. The cost of the
analysis shall be paid by the project applicant.
Prior to final inspection the monitoring program report shall be completed and accepted by the City.
A separate report may be required for each phase of a project constructed in phases.
FHI. Appeal. Any decision of the committee may be appealed to the discretionary body which has
original jurisdiction over approval of the project as provided in this Code. The appeal shall be heard
prior to the discretionary body's action on the project.
21-9502/252558
99
HBZC 248
248.16 Finality of Decision and Time for Appeal
A decision on a discretionary approval is not final until the time for appeal expires. The time for appeal
from a decision by the Zoning Administrator, the£nvirenmentaFAssess ent— ;,:ram,Subdivisien
Gemmittee, Design Review Board, or the Planning Commission shall be filed within 10 calendar days after
the date of the decision. Appeals may not be processed on actions which must be heard by and receive
final action by the City Council, except that Coastal Development Permits for development located in the
appealable area of the coastal zone may be appealed to the Coastal Commission as described in Section
245.32,
248.18 Designation of Hearing Body on Appeal
The Planning Commission shall hear an appeal from the decision of the director, Zoning Administrator,
Design Review Board al AssessmenECommrttee-a The City
Council shall hear an appeal from the decision of the Planning Commission. The decision of the City
Council is final, except that Coastal Development Permits for development located in the appealable area
of the coastal zone may be appealed to the Coastal Commission.
248.22 Appeal of Failure to Act
An applicant may appeal the failure of the Zoning Administrator, Design Review Board,Environmental
Assessment-Cemmittee,, Subdivision Committee or Planning Commission to act on an application if the
failure to act continues beyond a reasonable time and the time to act is not otherwise fixed by law. The
appeal body shall consider all of the circumstances surrounding the application in determining what is a
reasonable time.
248.28 Appeal by City Council Member or Planning Commissioner
A. A City Council member or a Planning Commissioner may appeal a decision of the director, Design
Review Board, Environmental-Assessment CommR�u b division-Comm ttM Planning Commission
or Zoning Administrator.The appeal shall be processed in the same manner as an appeal by any other
person but need not be accompanied by the fee prescribed for an appeal.
B. The City Council member or Planning Commissioner appealing the decision is not disqualified
by that action from participating in the appeal hearing and the deliberations nor from voting as a
member of the reviewing body.
HBZC 250
250.10 Definitions
For the purposes of this title, unless otherwise apparent from the context, certain words and phrases
used in this title are defined in this section as set forth below. All definitions provided in Chapters 1.04
and 203 and Section 245.04 of the Municipal Code and all definitions provided in the Subdivision Map Act
shall also be applicable to this title and said definitions are hereby incorporated by this reference as
though fully set forth herein.
Subdivisi ivision Gommgtee-ot tbe.6ityof-Huntingten-6eaeh.
21-9502/252558
100
250.12 Responsibilities
A. City Attorney. The City Attorney's responsibilities shall include approving as to form all
subdivision improvement agreements; covenants, codes, and restrictions; security, liability
agreements and insurance; and all governing documents for a community apartment project,
condominium, stock cooperative, or conversion.
B. City Council.
1. The City Council shall have final jurisdiction in the approval of final maps and improvement
agreements and the acceptance by the City of land and/or improvements as may be proposed
for dedication to the City for subdivisions of five or more parcels.
2.The City Council shall act as the appeal board for hearing appeals of all subdivision maps
acted upon by the Planning Commission.
C. Planning Commission. The Planning Commission's responsibilities shall include approving,
conditionally approving, or denying the application for tentative map approval of subdivisions of 10
or more parcels. The Planning Commission shall act as the appeal board for hearing appeals of
tentative parcel maps and tentative maps for subdivisions of nine or fewer parcels.
D. Zoning Administrator. The Zoning Administrator's responsibilities shall include the processing
and approval, conditional approval or denial of tentative map approval of subdivisions of nine or less
parcels, tentative parcel maps and waivers of parcel map requirements, mergers and certificates of
compliance.
E. City Engineer. The City Engineer's responsibilities shall include:
1. Establishing design and construction details, standards and specifications.
2. Determining if proposed subdivision improvements comply with the provisions of the
Subdivision Map Act and this title.
3. The processing and certification of final maps, reversion to acreage maps, and amended
maps and the processing and approval of subdivision improvement plans.
4. Examining and certifying that final maps are in substantial compliance with the approved
tentative map.
5. Final jurisdiction in the approval of parcel maps and certification of lot line adjustments.
6. The inspection and approval of subdivision public improvements.
7. The acceptance of dedications and public improvements for subdivisions by parcel map, and
off-site dedications lying outside a subdivision boundary which require a separate grant deed.
8. Collection of all required fees and deposits associated with final maps and parcel maps
except park and recreation fees.
F. Director. The director's responsibilities shall include the processing of tentative maps and lot line
adjustments.
1. Determinations of violations of the provisions of the Subdivision Map Act or this title.
2.The management of the Department of Community Development in carrying out the
responsibilities imposed upon it by this title. When necessary to carry out the directors
21-9502/2525SS
101
responsibilities hereunder, the director may designate and authorize a representative to act on
his or her behalf.
3. Collection of park and recreation fees and fees associated with tentative maps.
G. Subdivision T-he-Subdivision 2spensibiHO--�ude examiRiRg
and-deEeffRIRIRg-that tat: . -EOmply wil-h the prflY#s�-the
Subdivision Map Act, this"�;e, 'he LeEal Coastal PfegraRrfi coasm
and the Gity's-General Plan, ai9d fecommenefing approval, disappiroval, or conditional approval of
tentative or-vesting-tentative-maps to the Planning iissien er Zoning AdmiRistrateF.
The Subdivis; shall-eoRsist of-the-following-mem ers or theif authorized
-
fepfesentatYes!
-1:The-d1feetor who shall=:"�--- a as chairperson- --i--
2.
The Gity E....ineeF
3. The F,fe Ghier and
i
T-r n.cc-.ncrrfocr5-of-cr,c,-,aRRiRg-GemmissreR:
Representatives-frern othef-departments shall-a equested e-de-se-hy-the
Subdtvis
G.H. Coastal Commission. The Coastal Commission shall have appeal jurisdiction over Coastal
Development Permits approved for all subdivisions and lot line adjustments located within the
appealable area of the coastal zone that constitute development as defined in Section 245.04
(Development).
HBZC 251
251.08 Hearings and Action
A. Subdivision Committee , henever-a_prepeAy-is_to be subdivided4nte44ve-er-mere-pafeets,-
mIttee-wiay4iekki-publie hearing prierte-reporting-en-the-tentative-map-fef
said-subdivision-Netme-okhe time-and-plaee4h R inc6ding-a general- pKoR t+bject
mattershall-be-givefi at-le day;-befefe4he-hear+ng-C-epies-e said-f otic-e shall-be-maHed4a
the-subdivider—engineer-,and pr subdivisierr. tice,hall
alse-Fie-g een to eaNi-local-ageRcy-expected-to-provide-wat t eetT,R ,or ether
esseRNal-€a9!,ties-o;�e;v;c'cTtc,-the-suh(fivisiofr.
A, S. Notice of Public Hearings. Upon receipt of an application that is accepted as complete, the
Department shall set a date for a public hearing, provide notice as required by Chapter 248 and
prepare a report with recommendations. A copy of the Department report shall be forwarded to the
subdivider at least three working days prior to the public hearing.
B.G. Planning Commission Action. The Planning Commission or Zoning Administrator as the case
may be, shall approve, conditionally approve, or deny a tentative map within 50 days after the
tentative map has been accepted. This time period shall commence after certification of the
environmental impact report, adoption of the negative declaration, or determination that the project
is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public
Resources Code.
C, 9—. Factors to Be Considered. In reaching a decision upon the tentative map, the Planning
Commission or Zoning Administrator shall consider the effect of that decision on the housing needs
21-9502/252558
102
of the region and balance these needs against the public service needs of its residents and available
fiscal and environmental resources.
Q. E-Approval. The tentative map may be approved or conditionally approved if the following
findings are made:
1. That the proposed map is consistent with the General Plan or any applicable specific plan,
or other applicable provisions of this Code;
2. That the site is physically suitable for the type and density of development;
3. That the design of the subdivision or the proposed improvements will not cause serious
health problems or substantial environmental damage or substantially and avoidably injure fish
or wildlife or their habitat. Notwithstanding the foregoing, the Planning Commission or Zoning
Administrator may approve such a tentative map if an environmental impact report was
prepared with respect to the project and a finding was made that specific economic, social or
other considerations make infeasible the mitigation measures or project alternatives identified
in the environmental impact report;
4. That the design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of, property within the
proposed subdivision unless alternative easements, for access or for use, will be provided.
L F. Denial. The Planning Commission or Zoning Administrator shall deny approval of a tentative
subdivision map if it determines that approval will result in any of the conditions as described
in Government Code Section 66474.
21-9502/252558
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ATTACHMENT #4
City of Huntington Beach
File #: 21-272 MEETING DATE: 4/27/2021
PLANNING COMMISSION STAFF REPORT
TO: Planning Commission
FROM: Ursula Luna-Reynosa, Director of Community Development
BY: Tess Nguyen, Associate Planner
SUBJECT:
ZONING TEXT AMENDMENT NO. 21-002 (ENVIRONMENTAL ASSESSMENT COMMITTEE AND
SUBDIVISION COMMITTEE)
REQUEST:
To amend the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to
eliminate the Environmental Assessment Committee and Subdivision Committee
to streamline the entitlement process.
LOCATION:
Citywide
APPLICANT:
City of Huntington Beach
PROPERTY
OWNER:
Not applicable
BUSINESS
OWNER:
Not applicable
STATEMENT OF ISSUE:
1. Are the proposed amendments consistent with the City Council direction?
2. Does the project satisfy all the findings required for approval of a Zoning Text Amendment?
3. Has the appropriate level of environmental analysis been determined?
RECOMMENDATION:
That the Planning Commission take the following actions:
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A) Find that Zoning Text Amendment (ZTA) No. 21-002 is categorically exempt from the California
Environmental Quality Act pursuant to Section 15061(b)(3) (General Rule) of the CEQA
Guidelines because there is no potential for the project to have a significant effect on the
environment (Attachment No. 1),
B) Recommend approval of Zoning Text Amendment No. 21-002 with findings (Attachment No. 1)
by approving draft City Council Ordinance No. 4230 and forward to the City Council for
consideration.
ALTERNATIVE ACTION(S):
A) Do not recommend approval of Zoning Text Amendment No. 21-002 to the City Council.
B) Continue Zoning Text Amendment No. 21-002 and direct staff accordingly.
PROJECT PROPOSAL:
At the City Council's 2021 Strategic Planning workshop, assessing the City's overall structure for its
boards and commissions was one of the approved goals. A City Council Ad Hoc Committee has
been appointed to evaluate boards and commissions and make recommendations to the City
Council. However, at the March 15, 2021 City Council meeting, Council Member Kalmick introduced
an H Item to eliminate the Environmental Assessment Committee and Subdivision Committee to help
streamline existing City processes for those looking to develop or redevelop their properties. The
Council voted to direct staff to undertake the steps necessary to eliminate these committees. This
item is the first step in that process where the Planning Commission is asked to consider
recommending approval for the zoning text amendment for the reasons outlined in this staff report.
Environmental Assessment Committee
The Environmental Assessment Committee (EAC) consists of one staff member from the Community
Development Department, Public Works Department, and City Attorney's Office. The EAC reviews
environmental documentation for projects that are not otherwise exempt from the California
Environmental Quality Act (CEQA) and provides recommendations to the decision making body as to
the efficacy of the environmental documentation.
The Environmental Assessment Committee process is as follows:
1. Staff prepares or causes the preparation of the environmental document (Negative
Declaration, Mitigated Negative Declaration, or Environmental Impact Report).
2. The EAC determines if the environmental document is appropriate and makes
recommendations to the decision making body.
3. The public is provided an opportunity to review the environmental document prior to a final
decision.
Pursuant to City Council direction, Staff has reviewed the EAC process and proposes to eliminate the
EAC review process. In general, the EAC provides redundant and unnecessary review which can
add lengthy processing time that can unnecessarily delay projects. We recommend elimination of
the EAC. in part, because the three departments that have representatives on the EAC are already
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intimately involved in the preparation and review of environmental documents associated with a
"project". Then the departments' EAC member votes on the same documents their department
prepared and reviewed. Essentially, staff drafts and reviews documents that they then ultimately vote
on. While this process has not been challenged, it begs the question as to whether a fair process
can exist where staff acts as the drafter, reviewer, and arbiter of the sufficiency of the environmental
documents.
Elimination of the EAC does not preclude the public an opportunity to comment on the environmental
document. During the public hearing by the decisions making body (e.g. Zoning Administrator,
Planning Commission) a final decision to adopt or deny the environmental document will be made
and the public has a final opportunity to provide public testimony. Depending on which environmental
document is prepared (e.g. Negative Declaration, Mitigated Negative Declaration, or Environmental
Impact Report), there are other opportunities for public comment prior to the public hearing.
Finally, there is no legal requirement that the EAC exists.
Subdivision Committee
The Subdivision Committee consists of three members of the Planning Commission and a
representative from the following departments; Community Development, Public Works, and Fire.
The Subdivision Committee reviews tentative tract maps to ensure compliance with the provisions of
the Subdivision Map Act, Local Coastal Program (if applicable) and General Plan, and recommends
approval, disapproval, or conditional approval of tentative tract maps to the decision making body.
The Subdivision Committee holds a hearing when a property is to be subdivided into five or more
parcels.
The Subdivision Committee process is as follows:
1. Staff reviews subdivision maps for compliance and prepares code requirements, suggested
findings, and suggested conditions of approval.
2. The Subdivision Committee considers the information provided by Staff and makes
recommendations to the decision making body.
Pursuant to City Council direction, Staff has reviewed the the subdivision mapping process and
proposes to eliminate the the Subdivision Committee. In general, the Subdivision Committee
process is redundant as tentative tract maps are already reviewed by all departments for compliance
with applicable standards and policies. The Subdivision Committee relies on staff for information in
order to make its recommendations. Including a Subdivision Committee to the subdivision mapping
process adds an additional step to the process and adds little, if any, value. The required findings are
fairly straightforward with objective standards.
On March 15, 2021 the City Council unanimously directed staff to prepare the necessary
amendments to the Huntington Beach Municipal Code and Huntington Beach Zoning and Subdivision
Ordinance to eliminate both the Environmental Assessment Committee and Subdivision Committee
(Attachments Nos. 4 and 5).
ISSUES AND ANALYSIS:
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General Plan Conformance:
The Zoning Text Amendment is consistent with the economic development strategy of the General
Plan to update the Huntington Beach Zoning and Subdivision Ordinance to ensure that development
regulations and land use controls reflect the City's economic development goals. The proposed
Zoning Text Amendment will reduce the processing time of projects and could facilitate the
development of new projects and increase sales tax revenues.
Zoning Compliance:
Zoning Text Amendment No. 21-002 includes the following amendments to the Huntington Beach
Zoning and Subdivision Ordinance (HBZSO) to implement the City Council's direction (Attachment
No. 3):
HBZSO Section 240.04.B
B. €stabtishrnent of EnWr^ meg4; Assessmen Committee mere is y es,tab4shed an
€-aviro- me-ntal Assessmen CernmWee sensisting of the DiFeetef of CoMrnanity
Deveiepment,, the 8irectsF of Rebus 14494s; and the City 4tterne), eF a designated
HBZSO Section 240.04.0
C. The €nvirenmentat Assessment Committee shall have Fespensibility ter evalua#ng the
enwrn.Rmental iMpast of a4 dissFetienaFy PFejests; determine the appropriate
environmental desf*nentatien required far sernplianse with GE-QA and make
to the dissFetienaFy body to adept aF deny a negative darW ration er
HBZSO Section 248.16
A decision on a discretionary approval is not final until the time for appeal expires. The
time for appeal from a decision by the Zoning Administrator, t#e a
4rreSSfn@nt CenaFnittee, Rubdivisien Con7mWee, Design Review Board, or the Planning
Commission shall be filed within 10 calendar days after the date of the decision.
Appeals may not be processed on actions which must be heard by and receive final
action by the City Council, except that Coastal Development Permits for development
located in the appealable area of the coastal zone may be appealed to the Coastal
Commission as described in Section 245.32.
HBZSO Section 248.18
The Planning Commission shall hear an appeal from the decision of the director, Zoning
Administrator, and Design Review Board, €nvirenmentat Assessment Cemmittee, and
&Fbdiwsien CerpmUten. The City Council shall hear an appeal from the decision of the
Planning Commission. The decision of the City Council is final, except that Coastal
Development Permits for development located in the appealable area of the coastal
zone may be appealed to the Coastal Commission.
HBZSO Section 24822
An applicant may appeal the failure of the Zoning Administrator, Design Review Board,
€nviFenmeatal Assessnaont Committee, Subdivision CornFnittee or Planning
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File #: 21-272 MEETING DATE: 4/27/2021
Commission to act on an application if the failure to act continues beyond a reasonable
time and the time to act is not otherwise fixed by law. The appeal body shall consider all
of the circumstances surrounding the application in determining what is a reasonable
time.
HBZSO Section 248.28.A
A. A City Council member or a Planning Commissioner may appeal a decision of the
director, Design Review Board, €nvironmenfal Assessment CommW6 , SsibdiivirOn
Commiffee, Planning Commission or Zoning Administrator. The appeal shall be
processed in the same manner as an appeal by any other person but need not be
accompanied by the fee prescribed for an appeal.
HBZSO Section 250.10
HBZSO Section 250.12.G
G. Subdiuisio Committee. The iv+sien Committee's responsibilities &4a4 inslade
e*amining and determining Mhat tenfafive and vesfinQ fenfaf+ve maps Gemply with the
pmwsiens of the Suddivis+en 44ap AGV this &L— the LOGal Cea&tal --regram for maps
located within the Geastal zone, and the City& General Pkw, and recemmending
approval; disapproval; or Genditienat approval of tentative er vesting tentative maps to
ewe Subdivision Committee &hat Gensisf of the fagewing members or their autherized
represeptadve,&,
:2 The Q4. Engineer-,
frem ether depadments &hall attend meetings when requested to do
so by the Q)Mmittea.
HBZSO Section 251.08.A
A. Subdivision Cempmiftee. Whenever a property is to be subdivided into five OF mere
parcels; the Subdiwsien Committee may hold a public hearing prier to reporting on fhe
tentative map for &aid subdivisiop. NetiGe of the Mime and place thereef, inslading a
general description of the subjecf matter &hall be given at least 4-0 days before the
hearing- Genies of&aid nogGe shah be mailed to the subd44defi, engineer; aad property
owner of the property propesed for subdiwsien f fofiGe &hat alse be given to each fecal
agency e*pested to provide water, sewage, streets, ssheels, er ether essential fasilrfies
In addition to the amendments proposed in ZTA No. 21-002, amendments to the Huntington Beach
Municipal Code (HBMC) are proposed to implement the City Council's direction (Attachment No. 3)
and would be provided to the City Council for consideration in conjunction with the HBZSO
amendments proposed in ZTA No. 21-002. The HBMC amendments are as follows:
HBMC Section 2.33.030.E
City of Huntington Beach Page 5 of 7 Printed on 412212021
xweretOB Legis:ar-
File #: 21-272 MEETING DATE: 4/27/2021
E. Provide staff services and support to the Planning Commission, Zoning Administrator,
Design Review Board, Environmental Board, Subdivision 6ernm4fee, €uvirer+mentai
Assessmen ;emmittee, and other committees, subcommittees, boards and
commissions pertaining to planning.
HBMC Section 2.56.030.D
D. Assists boards, commissions and committees which encourage, foster, promote and
facilitate the objectives of the department including, but not limited to, the Planning
Commission, Community Services Commission, Public Works Commission,
su-bdiv.is.ien. Committee, Board of Zoning Adjustments, or appoints deputy so to assist.
The Zoning Text Amendment implements the economic development strategy of the General Plan.
The Zoning Text Amendment does not propose any new land uses or revise development standards.
It addresses a community need to reduce the processing time of projects, which could facilitate the
development of new projects and increase sales tax revenues.
Urban Design Guidelines Conformance:
Not applicable.
Environmental Status:
ZTA No. 21-002 will not have any significant effect on the environment and is categorically exempt
from the California Environmental Quality Act pursuant to Section 15061(b)(3) (General Rule) of the
CEQA Guidelines, because there is no potential for the amendment to the HBMC and HBZSO to
have a significant effect on the environment.
Coastal Status:
The proposed amendment will be forwarded to the California Coastal Commission as a minor Local
Coastal Program Amendment for certification.
Design Review Board:
Not applicable.
Subdivision Committee:
Not applicable.
Other Departments Concerns and Requirements:
Not applicable.
Public Notification:
Legal notice was published in the Huntington Beach Wave on April 15, 2021 and notices were sent to
individuals and organizations requesting notification (Planning Division's Notification Matrix). As of
April 20, 2021, no communications regarding the request have been received.
Application Processing Dates:
DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S):
Not applicable Legislative Action - Not applicable
City of Huntington Beach Page 6 of 7 Printed on 412212021
powereld$LeSiYar`"
File #: 21-272 MEETING DATE: 4/27/2021
SUMMARY:
Staff is recommending approval of ZTA No. 21-002 based on the following reasons:
1. It is consistent with City Council direction.
2. It is consistent with the economic development strategy of the General Plan.
3. It addresses a community need to reduce the processing time of projects, which could
facilitate the development of new projects and increase sales tax revenues.
ATTACHMENTS:
1 . Suggested Findings of Approval - ZTA No. 21-002
2. Draft City Council Ordinance No. 4230
3. ZTA No. 21-002 Legislative Draft
4. Excerpt of March 15, 2021 City Council Minutes
5. City Council Member Kalmick memorandum dated March 15, 2021
City of Huntington Beach Page 7 of 7 Printed on 4/22P2021
go erel;8)Legisurl
ATTACHMENT #5
�I • >!4 City of Huntington Beach
- - - - - - - - - - - - -
2000 MAIN STREET CALIFORNIA 92W
Dan Kalmick
Cite Council Member
4/27/2021
Appeal of Planning Commission Decision ZTA 21-002
1 am formally appealing the decision of the Planning Commission of ZTA 21-002. 1 believe
the Planning Commission was in error in denying this item and acted contrary to the policy
direction of the City Council.
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TELEPHONE (714) S36-SSS3
ATTACHMENT #6
Council/PFA Regular Minutes
March 15, 2021
Page 15 of 17
21. 21-242 Item Submitted by Councilmember Kalmick Approved - Elimination of two staff
level committees— Environmental Assessment Committee (EAC) and Subdivision
Committee
i
Councilmember Kalmick explained his opinion that the Subdivision Committee, which consists of staff
and Planning Commissioners, was functional when created, but at this point, it just creates additional
hurdles that increase project costs. He stated his intention is to ask staff to eliminate the Committee and
change necessary code and policy.
Councilmember Kalmick described the Environmental Assessment Committee (EAC) as three staff
members, including the City Attorney, holding a public meeting to discuss a position they have taken. He
explained his opinion that the Brown "Open Meetings"Act does not apply to the EAC because it is
composed of staff members, and they should just file a Notice of Action. He added that no one could say
anything at an EAC meeting that would change a project outcome.
Councilmember Delgleize stated her support for the item because the issues discussed by these
Committees are public and transparent with other options available in the process for the public to
address any concerns.
Councilmember Posey stated his support for this item and shared his opinion this action dovetails with
approved Consent Calendar Item No. 17 (21-221) regarding establishing an Ad-Hoc Committee to
perform a formal review of the City's current Boards, Commission, and Committee structure.
Councilmember Posey confirmed with Councilmember Kalmick that they are not aware of either of these
Committee decisions ever being overturned.
Mayor Carr, Councilmember Kalmick and Chief Assistant City Attorney Vigliotta discussed the fact that
they do not ever recall any members of the public attending any of these Committee meetings. Director
Luna-Reynosa explained that for the Subdivision Committee, the action is a tentative tract map that goes
before the Planning Commission with a Notice of Public Hearing for public input. The Planning
Commission's recommendation goes before the City Council with another opportunity for public
comment. She further stated that the EAC process follows the same path with several other
opportunities for public input, and explained that most other cities do not have comparable committees.
Councilmember Mosey stated her opinion that these committees appear to be redundant and therefore
she supports the item.
Councilmember Kalmick and Director Luna-Reynosa discussed the multiple opportunities the public has
to be involved in these processes, and confirmed that Environmental Impact Reports, Negative, and
Mitigated Declarations are disclosure documents which include public participation.
A motion was made by Kalmick, second Delgleize to recommend that the City Council direct staff to
prepare the ordinances and/or resolutions necessary to comply with relevant State law to eliminate both
the EAC and the Subdivision Committee and to roll those existing functions into the appropriate review
body.
The motion carried by the following vote:
AYES: Peterson, Kalmick, Ortiz, Carr, Posey, Moser, and Delgleize
NOES: None
112
ATTACHMENT#7
CITY OF HUNTINGTON BEACH
CITY COUNCIL MEETING—COUNCIL MEMBER ITEMS REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: DAN KALMICK, CITY COUNCIL MEMBER
DATE: MARCH 15, 2021
SUBJECT: ELIMINATION OF TWO STAFF LEVEL COMMITTEES — ENVIRONMENTAL
ASSESSMENT COMMITTEE AND SUBDIVISION COMMITTEE
BACKGROUND
As part of the City Council's 2021 Strategic Planning workshop held on January 5, 2021, one of
the approved goals involved assessing the City's overall structure for its boards and commissions.
In line with that identified objective, there are two committees that I believe can be eliminated
quickly, which if approved would help to streamline existing City processes while also cutting red
tape for those looking to develop or redevelop their properties.
The Environmental Assessment Committee (EAC) — not to be confused with the Environmental
Board —is comprised of one staff member each from the Community Development Department,
Public Works Department, and the City Attorney's Office. The EAC typically examines a project
very early in the process so that the appropriate CEQA document and public review period can
be advertised prior to action by the higher decision-making body. However, such a determination
is wholly made by staff via existing regulations and does not need to be coordinated through an
additional formalized EAC process.
The Subdivision Committee (which I served on as a Planning Commissioner, and which I attended
a few times during the past eight years) consists of three Planning Commissioners and a
representative from the Fire, Public Works, and Planning Departments. The body reviews each
tentative map for compliance with the Subdivision Map Act,as well as City standards and policies.
The Committee is advisory only and in my experience has been a pro forma body. If eliminated,
any approvals currently considered by the Subdivision Committee could be rolled into reviews by
the Zoning Administrator, the Planning Commission, and/or the City Council.
Eliminating both committees would streamline the entitlement process by eliminating several
currently required steps.
RECOMMENDED ACTION
recommend that the City Council direct staff to prepare the ordinances and/or resolutions
necessary to comply with relevant State law to eliminate both the EAC and the Subdivision
Committee and to roll those existing functions into the appropriate review body.
113
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH
NOTICE IS HEREBY GIVEN that on Monday. May 17. 2021, at 6 00 p m in the City
Council Chambers 2000 Main Street. Huntington Beach, the City Council will hold a public
hearing on the following Planning and Zoning items
❑ 1 APPEAL OF THE PLANNING COMMISSION'S DENIAL OF ZONING TEXT
AMENDMENT NO. 21-002 (ENVIRONMENTAL ASSESSMENT COMMITTEE
AND SUBDIVISION COMMITTEE) Applicant: City of Huntington Beach
Appellant: City Council Member Dan Kalmick Request: To amend the Huntington
Beach Municipal Code and Huntington Beach Zoning and Subdivision Ordinance
to eliminate the Environmental Assessment Committee and Subdivision
Committee The Planning Commission held a public hearing on April 27. 2021 and
denied the above request Location: Citywide City Contact: Tess Nguyen,
Associate Planner
NOTICE IS HEREBY GIVEN that Item #1 is categorically exempt from the provisions of
the California Environmental Quality Act pursuant to Section 15061(b)(3) (General Rule)
of the CEQA Guidelines because there is no potential for the amendment to the
Huntington Beach Municipal Code and Huntington Beach Zoning and Subdivision
Ordinance to have a significant effect on the environment
NOTICE IS HEREBY GIVEN that Item #1 will require a Local Coastal Program
Amendment certified by the California Coastal Commission
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 the City Clerk's
Office or online at httpWwww huntingtonbeachca qov on Thursday. May 13, 2021.
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
Councils 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 Community Development Department at (714) 536-5271 and refer to the
above items Direct your written communications to the City Clerk.
Robin Estanislau. City Clerk
City of Huntington Beach
2000 Main Street. 2"° Floor
Huntington Beach. California 92648
714-536-5227
http //huntingtonbeachca govlHBPublicComments/
EAC and
Subdivision Committee
Appeal of Zoning Text
Amendment No . 21 - 002
Appellant - City Council Member Dan
Kalmick
May 17, 2021
Request
Zoning Text Amendment No. 21-002:
• To amend HBMC and HBZSO to eliminate the
' Environmental Assessment Committee and
Subdivision Committee to streamline the
entitlement process
• City Council unanimously directed staff to
process this Zoning Text Amendment %Aff&NTAL
15, 2021 COMMUNICATION
ApwdsN.mNc:lg( �/ 3�S
FPC Action
• Staff recommended approval of the Zoning Text
Amendment with suggested findings to the
Planning Commission
The Planning Commission denied the request to
eliminate EAC and Subdivision Committee on
April 27, 2021
Appeal of PC Action
• The appeal was filed by City Council Member
Kalmick on Apri127, 2021
• Reason — The Planning Commission was in
error in denying the Zoning Text Amendment
and acted contrary to the City Council policy
direction
I
Analysis
Environmental Assessment Committee:
• Composition — one staff member from Community
Development, Public Works, City Attorney's Office
• Role —reviews environmental document for projects that
are not exempt from CEQA and provides
recommendations to the decision making body
• Process — staff prepares environmental document, EAC
determines if the document is appropriate and makes
recommendations to decision making body
Analysis
Environmental Assessment Committee:
• Streamlining — EAC process is not necessary
appropriate environmental document is determined
by staff during its preparation
public given opportunity to comment on the
environmental document during public hearing
decision making body makes final decision to adopt
or deny the environmental document
Analysis
Subdivision Committee:
• Composition — three Planning Commission members,
one staff member from Community Development, Public
Works, Fire
• Role — examines and determines if tentative maps
comply with Subdivision Map Act and General Plan and
provides recommendations to the decision making body
• Process — staff reviews subdivision maps for compliance
(code requirements, findings, conditions of approval),
Subdivision Committee considers information from staff
and makes recommendations to decision making body
Analysis
Subdivision Committee:
• Streamlining — Subdivision Committee process is no
longer relevant
tentative maps are reviewed by all departments for
compliance
Subdivision Committee relies on staff for information
to make recommendations
Subdivision Committee adds a redundant step to the
process
Analysis
0
Zoning Text Amendment:
• implements the economic development strategy of the
General Plan
• does not propose any new land uses or revise
development standards
• could facilitate the development of new projects and
increase sales tax revenues
Recommendation
0
Staff recommends approval of ZTA:
• Consistent with City Council direction
• Consistent with economic development strategy of the
General Plan
• Addresses a community need to reduce the processing
time of projects
Moore, Tania
From: David Treiman <dtreiman@earthlink.net>
Sent: Saturday, May 15, 2021 1:18 AM
To: supplementalcomm@surfcity-hb.org
Subject: Comments regarding Item 18 of May 17, 2017 Meeting
Attachments: Comments to City Council Item 18 - May 17 2021.pdf
Please see attachment for comments regarding Agenda for May 17, 2021 Item 18
David Treiman
dtreiman@earthlink.net
SUPPLEMENTAL
COMMUNICATION
MeftVDale:
Agenda Mom No. 1$ �21 - 3 2 9
Continents regarding Agenda Item 18 of the May 17. 2021 meeting of the Huntington Beach City
Council from David Trciman. Huntington Beach resident.
These comments are about the proposed amendment to the Zoning Code to eliminate the
Environmental Assessment Committee [EAC]. I have information relating to the performance of
the current environmental impact assessment process that raises the question of whether there are
too many steps, not enough steps, or a combination of both.
I appreciate Councihnember Kattnick's knowledge and ability and his desire and efforts to improve
the processes of city government. 1 agree with his proposal to streamline government processes that
are too complex, confusing, or unnecessary, while maintaining or improving outcomes.
When I learned that the Planning Commission had rejected his proposal and that he requesting
review by the City Council, I watched the Planning Commission meeting of April 27, 2021, twice
on video. I was very impressed by Commissioner Scandura's explanation of some risks of
eliminating the EAC. His concerns included the risk that abolishing the EAC could result in loss of
expertise, public notification and participation, a right to appeal, and insulation from outside
political pressure. These risks deserve study and evaluation. Unfortunately during the course of a
long Commission discussion I heard explanations and responses to his concerns that included non-
responsive or confusing or conflicting information. Because of the format of the video, I could not
identify who was making which remarks. Some of the speakers may not have appreciated how
confusing the answers were because the problem lies in large part with the lack of clarity in the
various sources of law and policy that are relevant to this discussion. The meeting did not provide
the study and evaluation needed. At a minimum, staff should investigate issues raised by
Commissioner Scandura and other commissioners and report the results for consideration by the
Planning Commission.
I believe that before changing the current Huntington Beach environmental process, there should be
a clear understanding of the purpose or goals of the CEQA and the environmental assessment
process. The discussion at the Planning Commission meeting demonstrates that there needs to be a
better understanding of the process Huntington Beach has adopted. Only then will it be possible to
identify problems and deficiencies and what, if any, changes will better achieve the purpose and
goals of CEQA.
It is clear that the assessment process must begin somewhere, or with someone. CEQA requires
that someone must decide whether a discretionary decision by the city about a project is likely to
have a significant environmental impact. For purposes of my following comments, it is important
to recognize that CEQA recognizes that noise harmful to humans is included as an environmental
impact. This determination might include consideration of facts regarding science, medicine.
technology, and more. This determination might require knowledge of the law. 'Ilse breadth of the
knowledge needed may require multiple participants. Another issue in designing the assessment
process is whether to it is better if each participant acts independently and then shares conclusions,
or whether collaboration should occur at the outset,or at various times in the process. This
consideration may lead to different designs in the process. The design must also consider what to
do when there are conflicting conclusions. Also to be considered is when public participation
should occur. If it occurs too early. the public won't know enough to make informed comments. If
it comes too late, it may deprive the public decision makers of useful information. More citizen
input might improve the process but it might cause delays that are not justified by the value of the
Page I of 3
input.
don't claim any expertise regarding the questions I have raised, but I believe the city has an ethical
and legal obligation to carefully consider these issues.
I agree with Commissioner Scandura that the city's process should carefully consider whether the
process adopted provides public notice, public input, relevant professional expertise, fair
opportunity for appeals, efficiency, and protection from improper political pressure.
I also agree with Councilmember Kalmick that the current system can be improved by eliminating
steps in the process that are redundant or otherwise unneeded because this will make the process
less confusing, less time consuming, and less expensive But evaluating whether an amendment will
advance this goal is not a simple task.
Councilmember Kalmick may be correct that the EAC's role is unclear or already performed(or
could be performed) by someone else(but. I would add, only if that other person knows he or she is
required to perform this duty). Staff response to comments from Planning Commissioners at the
April 27. 2021 meeting indicates the role of the EAC is viewed differently by different officials, and
does not always work the same way. I demonstrate below that if the current system cannot be
counted on to provide critical legal advice, then that process needs to be repaired to avoid legal
violations of CEQA by the city. My example is an illustration of an illegal failure of the
environmental assessment process, even with an EAC. I hope that this illustration will clarify the
abstract concepts discussed above and provide a guide to examining potential amendment to
improve the process.
NOISE DEVIATION PERMITS - Municipal Code Chapter 8.40 Noise Control.
The Noise Deviation Permit process added to the Noise Ordinance in 2012 clearly required an
environmental assessment but there was none. The noise deviation permits authorized by this
amendment to the code also require environmental assessments, but aren't any.
My illustration of the failure of the current environmental assessment process is the enactment of
the Noise Deviation Pennit ordinance without a required environmental assessment and granting
permits without any required environmental assessment. Examination of this permit process
directly addresses the question of whether the current system, with or without the EAC, adequately
considers whether environmental concerns are being assessed by a process that requires citizen
notice, allows fair opportunity for citizens to be heard, and whether there is a fair opportunity to
appeal decisions. The conclusion is that there is no real environmental assessment at all and the
permit process fails to provide adequate notice, right to be heard, and right to a fair appeal.
1. Public Notice and right to be heard.
The applicant submits the request for a noise deviation permit and the Director of'Planning(now
Community Development) grants or denies it without any hearing. The Director can grant the
pennit before any notice is given. There is no requirement of general public notice. The only
notice required is the notification to affected property owners within 300 feet of the noise source.
However, there is no meaningful right to be heard. The Director must notify the neighbors within
10 days of receiving the application but without any instructions about a right to comment. (Does
"notify" mean mailing of notice or receipt of notice'') But this step is no guarantee of a right to be
heard in writing because the Director can grant the permit upon receipt of the application and does
Page 2 of 3
not have to notify the neighbors for 24 hours after the decision. All of this can take place before the
10-day deadline for notifying the neighbors of the receipt of the application. So the law does not
require notice or hearing or citizen input before the decision is made.
2. Right to appeal. There are pans of the Zoning Code that suggest any environmental decisions
can be appealed to the Planning Commission. But the Municipal Code Noise Deviation permit
process only allows an appeal to a hearing officer. Contrary to provisions in the Zoning Code, there
is no appeal of the Director's decision to the Planning Commission or even the City Council. In
addition, the appellant must pay a fee of 52983. The only source of review of the Hearing Officer's
decision is to file suit in Superior Court.
The appellant is not even given a fair amount of time to appeal. Only neighbors within 300 feet of
the noise source receive notice of a right to appeal. The Director must provide notice within 24
hours of the decision. It is not clear whether the Director must send it or that the citizen must
receive it, but logistically it would be difficult to ensure receipt within 24 hours of making the
decision.
The appellant must file a written appeal within 5 days of the decision, even if he only received the
notice a day or more after the decision. The law requires the appellant to state the grounds for the
appeal. Although the Director must make written findings when granting a permit, there is no
requirement whether and when this must be provided to the appellant. Without the findings, it could
be difficult or impossible to state the grounds for the appeal, especially since there was no hearing
for the appellant to attend.
This process clearly fails to provide the notice, opportunity to be heard, opportunity appeal to
appeal that Commissioner Scandura discussed at the Planning Commission meeting.
The illegal adoption and utilization of the Noise Deviation Permit process illustrate that there must
be a better process for environmental assessments than we currently have. Perhaps streamlining it
can make clearer who has the responsibility for making certain our system meets the requirements
of CEQA. The current system relying on the Environmental Assessment Committee failed. Why
was there no assessment for this ordinance and the permits'? Who dropped the ball?This illustrates
that the current process does not assure that staff members with adequate knowledge or training are
part of the process. So both Council Member Kai mick and Commissioner Scandura are both
correct - there is too much complexity but at the same time additional people with appropriate skills
and insulation from political pressure should be involved.
My hope is that this information will be of assistance to you and that staff reexamines the proposal
to abolish the EAC.
My concluding request is that whether or not you abolish the Environmental Assessment
Committee, you should require that someone at some point in the process assures that CEQA is
followed and that there is oversight by a superior official when failures in the process are identified.
Page 3 of 3
Moore, Tania
From: David Treiman <dtreiman@earthlink.net>
Sent: Saturday, May 15, 2021 11:18 PM
To: supplementalcomm@surfcity-hb.org
Subject: Supplement Comment regarding May 17th agenda item 18
Comments for the City Council regarding Agenda Item 18 on May 17, 2021.
From David Treiman
May 15, 2021
This is a brief followup to the comments I sent earlier today regarding the abolition
of the Environmental Assessment Committee - Agenda Item 18. 1 shared these
comments with a wise person who pointed out that Council members have so
much to read before a meeting that it is not reasonable to expect you to carefully
read a complex three-page document in the narrow time frame you have. I
apologize for that. Therefore I am providing a very concise statement of the points
I wanted to make.
1. 1 am not advocating the abolition or retention of the Environmental Assessment
Committee.
2. 1 was unable to get a clear understanding listening to the Planning Commission
meeting of how the current environmental system is supposed to work and how it
would work without the Environmental Assessment Committee.
3. The main point I want to make is that the current environmental assessment
system has a serious flaw. Some city actions that require an environmental
assessment have been approved without anything like the environmental
assessment required by CEQA. Some actions did not provide public notice, public
hearings, an opportunity to comment, and a fair appeal. The Environmental
Assessment Committee does not appear to have been involved in these actions at
all. (For details regarding the illegal enactment of an ordinance authorizing noise
deviation permits, and the granting of permits pursuant to this ordinance without
CEQA required assessments, see my prior comments). SUPPLEMENTAL
COMMUNICATION
Meetlrq Dab: ?/�37
Apende IMm No.: /?(/__5'7 2
4. Whether or not the Environmental Assessment Committee is abolished, the
problems I identified remain. Shouldn't these problems be addressed first so you
can determine why the Environmental Assessment Committee was bypassed and
how the lack of required CECIA assessments can be remedied? If and when you
address this problem, I would be happy to provide you documents supporting my
allegations.
David Treiman
dtreiman@earthlink.net
z
Moore, Tania
From: tony sellas <tony.sellas@gmail.com>
Sent: Monday, May 31, 2021 8:09 PM
To: supplementalcomm@surfcity-hb.org; CITY COUNCIL
Subject: Please deny agenda item n16 (21-418) - eliminating the Subdivision Committee
Attachments: Subdivision email City Council.pdf
Please add this email and the attachment to the City records.
Dear City Council,
Please deny agenda item #16(21A18) - eliminating the Subdivision Committee and the Environmental
Assessment
Committee.
Under the Subdivision Map Act, state law 66415 defines the advisory Agency as an designated official or an
official bock.
illem�_A�dvisory Agency Defined
I AMmy asewy�%a dnignsiW Ufx W m as Offi,,t�sigdsii r�of I I
Mpe as d`�r i�salaa dsd .r�et�Q
1I��a.'ar IreaK Os asAsasr try tail osis,0s tl�Nw,msf4auar s14�'ear�s�rewaa/s.
Designated official - The Director of Community development, Ursula Luna-Reynosa is a Director not an
official. Both Ursula Luna-Reynosa and the Zoning Administrator are employees not officials of the City.
Under State law 64415 neither one of them has the authority or duty of making investigations and
reports on the design and improvement of proposed divisions of real property. The Ctty's designated
officials are located at this link.
Official body- The Subdivision Committee was removed from the Boards and Commission's website before
the City even voted on it. In the screenshot below the City describes the Boards and Commission as advisory
bodies to the Ctiy's officials. Please note it does not state anywhere in the Ctty's website that the Director or
Zoning Administrator are an advisory body or a City official.
Boards and Commissions
The City Council appoints a number of citizen committees, boards, and commissions
that serve as advisory bodies to the City Council These bodies play an essential role
in the governance of our City and provide the City Council with valuable input SUPPLEMENTAL
Committee, board, and commission members are appointed by the respective Council COMMUNICATION
Liaisons. Each serve four-year terms (for a maximum of two terms)and may only
serve on one committee, board, or commission at a time. A brief description of the M9W&V Dole: t0/I I,/Ia I
purpose and authonty delegated to each body is provided below
Aq&%W 14nt
I believe if the City Council votes to remove the Subdivision Committee it will be violating state law 64415
Attached is a real example from last month where the Planning Staff bypassed the Subdivision Committee and
approved a project that violated the City ordinance HBZSO 250.14Map Requirements Section 13- and 250.12
Respnsibilities.Not only that,but the staff also violated the Coastal Act and 231.28 Oceanside or On-Street Oceanside or On-S��t Parking theP�ingWithin the
Coastal Zone
1
because they failed to document in the CDP application the replacement public parking spot that would be lost
to make way for a new driveway on 1 5th street.
To conclude. the oversight needs to be done by a Committee not by the staff that works directly with the
applicant.
Please deny this project.
Thank you,
Tony Sellas
2