HomeMy WebLinkAboutOrdinance #4230 ORDINANCE NO. 4230
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTERS 2.33, AND 2.56 OP THE HUN-I INGTON BEACH MUNICIPAL
CODE: CHAPTERS 240, 248. 250 AND 251 OF THE I IUNTINGTON BEACH ZONING
AND SUBDIVISION CODE REMOVING ALL REFERENCES -I.O THE SUBDIVISION AND
ENVIRONMENTAL ASSESSMEN-f SUBCOMMI-f-fL'ES
(ZONING TEXT AMEND.,M NT NO. 21-002)
WHEREAS, Zoning Text Amendment No. 21-002 will amend the Huntington Beach
Municipal Code and Funtington 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 hereb\
amended to read as follows:
2.33.030 Department Objectives
The objectives of the department shall be as follows:
A. Provide lone-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 staffservices 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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ORDINANCE NO. 4230
1-I. Provide plan review and inspection services in a professional. flexible and equitable
manner.
1. Perform such other related duties as shall be required by law, ordinance or the Cite
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 ol'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 ftcilitics, 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'thc department
budget.
F. Communicates department plans, policies and activities to various governmental
agencies and civic groups in the advancement of'deparunent objectives under the
direction ol'the City Manager.
G. Prepares, submits and administers department budget.
1-1. 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. Performs such other duties and has such other powers as the City Council may
establish hereafter by resolution.
.I. Administration and enforcement of appropriate sections of'fitles 8. 12, 13 and 14 of
the Huntington Beach Municipal Code.
ORDINANCE NO. 4230
SECTION J. 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.
13. Administration. The director shall be responsible for:
I. 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 1-luntington 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.
B. 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
17. 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.
SECTION 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 Member 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 anv other person but need
not be accompanied by the fee prescribed for an appeal.
13. 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 S. 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 previoushV, 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 \lap 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 highwav, which has the purpose of collecting local traffic and carrying it to an
arterial highway.
Conversion. The creation ofseparate 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
turnaround.
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ORDINANCE NO. 4230
Day. A calendar day unless otherwise specified.
Department. "file Community Development Department of the City of Funtington
Beach.
Department of Public Works. The Department of Public Works of the City of
Huntington 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 Map. A map showing a subdivision of five or more parcels, prepared in accordance
with the provisions of the Subdivision Nlap Act and this title and designed to be placed
on record in the office of the Orange Count\, 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. Thejoining 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 Dour 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 Nlap Act and this title and designed
to be placed on record in the otlice 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 ter the purpose of
sale. lease, or financing nor part of the subdivision.
Scenic Easement. An easement dedicated to the City that protects a view from a specific
location or locations to a specific visual resource by prohibiting or limiting development.
Sen ice 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 otthe
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 Map. 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:
20.12 Responsibilities
A. City Attorney. The City Attorneys 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
commumty apartment project, condominium, stock cooperative, or conversion.
B. Cite Council.
i. 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.
17. City Engineer. The City Engineer's responsibilities shall include:
i. Establishing design and construction details, standards and specifications.
2. Determining if proposed subdivision improvements comply with the
provisions of the Subdivision blap Act and this title.
J. 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 it 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.
l. Determinations of violations of the provisions of the Subdivision Map Act or
this title.
2. ']'lie 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 251.08 of the Huntington Beach Zoning Code is amended to read as
follows:
2i1.08 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 clays prior to the public hearing.
13. 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. Factors to lie 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.
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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 alternative 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 20.2.L.
•
Mayor
ATTEST:
eq� Q APPROVED AS TO FO
�City Clerk
`City Attorney
EWED D APPROVED: INITIATEED AND APPROVED:
Na )L.0\ �'
City Manager Community Development Director
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Ord. No. 4230
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
1, ROBIN ESTANISLAU, the duly elected, qualified City Clerk ofthe
City of Huntington Beach, and ex-ofiicio 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 .tune 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 gstanislau.ci r)'C'I.fiRK of the City of I luntinglon
Heach and ex-of icio Clerk of the City Council,do hcrebr
cenify that a synopsis of this ordinance has been published in
the I luntinglon Hca<h N'aec on June 10.2021,
In accordance with the City Charter of said Cit_c.
Robin Estanislau, City Clerk City C rk and ex-ofiicio Clerk
Deputv City Clerk of the City Council of the City
of Huntington Beach. California