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- IINGTON 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 AmendmentNo. 21-002 will amendthe HuntingtonBeach 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 heldseparate. duly noticedpublichearingsto considerZoning -text AmendmentNo. 21-002: and After dueconsideration of the findings and recommendationsof the Planning Commission andall otherevidencepresented, the City Council finds thattheaforesaidamendmentis proper and consistent with the General Plan:
TheCity Councilof theCity of HuntingtonBeachdoesherebyordainasfollows:
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 dataanalysis and comprehensiveplanning, including statistical research, neighborhoodplanningandanalysis, specialprojects, andmethodsof implementing plans and programs.
B. Administerongoingandcontinuingplanningandzoningfunctions, including administration of zoning and subdivision ordinances.
C. Provide services to developers and investors to assist in facilitating development or to encouragenew development in accordancewith 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 stateand local construction regulations to protect the health and safety of the community.
G. Utilize automation to improve the access to information and services. 21- 9502/ 252529
ORDINANCE NO. 4230
1-I. Provide plan review and inspection services in a professional. flexible and equitable manner.
1. Perform suchother 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 shallbeappointedby theCity Manager. Thedirectorshallhavethefollowing powersand duties:
A. Plans, organizes. directs andcoordinates all divisions, programsand 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, landscapeservicesand basic public health and safety.
D. Assists boards. commissions and committees which encourage, foster, promote and facilitate the objectives of the departmentincluding, but not limited to, the Planning Commission, CommunityServicesCommission, PublicWorksCommission, Boardof Zoning Adjustments, or appoints deputy so to assist.
E. Investigatesand authorizespurchaseof materials, services and equipment necessary to implement and operate department activities within the scope of' thc department budget.
F. Communicatesdepartmentplans, policiesandactivitiesto variousgovernmental agenciesandcivic groups in the advancementof' 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 improvementbidson PublicWorksprojects, andadministersthecontractuponapproval of the City Council.
1. Performs suchother duties and hassuch other powers asthe 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 ensureconsistentimplementationof the California Environmental Quality Act.
13. Administration. The director shall be responsible for:
I. Preparing and processing, all environmental documents necessaryto comply with CEQA. the guidelines of the California StateResourceAgency asauthorized under the Public Resources Code Section 21083, and such additional provisions as may beadopted by the City of 1-luntington Beach: and
2. Contractingfor private, professionalconsultationfor preparationof environmental impact reports.
C. Environmental Determination. Prior to any project approval, thediscretionary body shall first act upon the negative declaration or the environmental impact report ( EIR).
The discretionary body acting on the project may adoptthe negativedeclaration or may reject it and require an environmental impact report- The discretionary body may certify the environmental impact report or reject it, if deemedincomplete.
D. Mitigation Measures. Any feasible changeor alteration to the project which avoids or substantiallylessensthesignificantenvironmentalimpactsidentifiedin thenegative declaration or final EIR shall be incorporated as a condition of approval imposed on the project. The conditionof approvalshall also describethe time period andthe manner in which the mitigation measure must be satisfied.
B. Monitoring and Reporting Program. The City requires a reporting or monitoring program be preparedto ensurecomplianceof mitigation measuresduring project implementation. Theprojectapplicantshallberesponsiblefor ensuringcompletionof the programandshall submitto the City reportsindicatingthestatusof 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 acceptedby the City. .A separatereportmaybe requiredfor eachphaseof a project constructed in phases.
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17. Appeal. Any decision of the committee may be appealedto 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 adecision by the Zoning Administrator. Design Review Board, or the PlanningCommissionshallbe filed within 10calendardaysafterthedateof thedecision.
Appeals may not be processedon actions which must be heardby and receive final action by theCity Council, exceptthatCoastalDevelopmentPermitsfor developmentlocatedin 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 PlanningCommissionshall hearanappealfrom thedecisionof thedirector, 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, exceptthat 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 amendedto read as follows:
248. 22 Appeal of Failure to Act
An applicant may appeal the failure of the Zoning Administrator, Design Review Board or PlanningCommissionto actonanapplicationif thefailureto actcontinuesbeyonda 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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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 accompaniedby the fee prescribed for an appeal.
13. The City Council memberor Planning Commissioner appealing the decision is not disqualified by that action from participating in the appeal hearing andthe deliberations nor from voting as a member of the reviewing body.
SECTION S. Section 250.10of the Huntington Beach "Zoning Code is amendedto readas follows:
250. 10 Definitions
For the purposes of this title, unless otherwise apparent from the context. certain words and phrasesusedin this title aredefined in this section asset forth below. All definitions provided in Chapters 1.04 and 203 and Section 245.04 of the Municipal Codeand all definitions provided in the Subdivision Map Act shall also be applicable to this title and said definitions are hereby incorporated by this referenceas though fully set forth herein.
Access Rights. The right of abutting landowners or occupants to obtain access to an abutting public way.
Acreage. Any parcelof land which is not a lot, asdefined in this chapter, and thoseareas where a legal subdivision hasnot been madeprevioushV, 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 hasthe purposeof 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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Day. A calendarday unlessotherwise 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, preparedin accordance with the provisions of the Subdivision Nlap Act and this title and designedto 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 lessernumber of parcels than originally existed is not created.
Merger. Thejoining of two or more contiguous parcelsof 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 Douror fewer parcelsor a subdivision pursuantto theexceptionsstatedin Section66426of theSubdivisionMapAct prepared in accordancewith the provisions of the Subdivision Nlap Act and this title anddesigned to be placed on record in the otlice of the OrangeCounty Recorder.
Parkway. That areabetween 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 accesswaywhich is privately held, maintained and utilized as access to a development.
Remainder. That portion of an existing parcel which is not divided ter the purposeof 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 streetadjacent to and providing accessto an arterial highway.
Standard Engineering Specifications. Specifications for public improvements adopted by the Department of Public Works.
Standard Plans. Plansand engineering drawings for public improvements as adoptedby 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 purposeof showing the design and improvements of a proposedsubdivisionandtheexistingconditionsin andaroundit precedentto the 6 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 purposeof 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 processedin accordancewith the provisions of Chapter 252 of this title.
SECTION 9. Section 250.12of the Huntington BeachZoning Code is amendedto readas 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 agreementsand 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 asthe appealboard for hearing appealsof all subdivision mapsacted 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 10or more parcels. The Planning Commission shall act asthe appeal board for hearing appealsof tentative parcel mapsand tentative maps for subdivisions of nine or fewer parcels.
D. Zoning Administrator. The Zoning Administrator' s responsibilities shall include the processingand approval, conditional approval or denial of tentative map approval of' subdivisions of nine or lessparcels, tentative parcel maps andwaivers 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 proposedsubdivision improvements comply with the provisions of the Subdivision blap Act and this title.
J. The processingand certification of final maps, reversion to acreagemaps, and amendedmaps and the processingand 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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5. Final jurisdiction in the approval of parcel maps andcertification 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 mapsexcept 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 managementof the Departmentof 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 feesand feesassociatedwith 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 amendedto readas follows:
2i1. 08 Hearings and Action
A. Notice of Public Hearings. Upon receipt of an application that is accepted as complete, the Department shall seta date for a public hearing, provide notice as required by Chapter248andprepareareportwith recommendations. A copyof theDepartmentreport shall be forwarded to the subdivider at leastthree working claysprior to the public hearing.
13. Planning CommissionAction. ThePlanningCommissionor ZoningAdministratoras the casemay be, shall approve, conditionally approve, or deny a tentative map within 50 days after the tentative map hasbeenaccepted. This time period shall commenceafter certification of the environmental impact report, adoption of the negative declaration, or determination that the project is exempt from the requirementsof 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 Commissionor ZoningAdministratorshallconsidertheeffectof thatdecisiononthe housingneedsof theregionandbalancetheseneedsagainstthepublicserviceneedsof its residents and available fiscal and environmental resources. 8 ORDINANCE NO. 4230
D. Approval. The tentative map may be approvedor conditionally approved if the following findings are made:
1. That the proposedmap 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 anddensity of development;
3. That the design of the subdivision or the proposedimprovements will not cause serious health problems or substantialenvironmental damageor substantially and avoidably injure fish or wildlife or their habitat. Notwithstanding the foregoing, the Planning Commission or Zoning Administrator may approve sucha tentative map if an environmental impact report was preparedwith respectto the project and a finding was made that specific economic, social or other considerations make infeasible the mitigation measuresor 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 accessthrough or useof, property within the proposedsubdivision unlessalternative easements, for accessor for use, will be provided.
E. Denial. The Planning Commission or Zoning Administrator shall deny approval of a tentative subdivision map if it determinesthat 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
9 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 herebycertify thatthewholenumberof membersof theCity Councilof theCity of Huntington Beachis seven: that the foregoing ordinancewas read to said City Council at a Regular meeting thereof held on May 17, 2021, and was again readto said City Council at a Special meeting thereof held on .tune 1, 2021. and was passedand adopted by theaffirmativevoteof atleasta majorityof all themembersof saidCity 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 Iluntinglon 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