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HomeMy WebLinkAboutOrdinance #757 ORDINANCE No. 757 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH OR- DINANCE CODE RELATING TO CONDITIONAL EXCEPTIONS BY AMENDING SECTIONS AND ADD- ING NEW SECTIONS THERETO The City Council of the City of Huntington Beach do or- dain as follows: Section 1. That Sections 9241 and 9241.1 of the Hunt- ington Beach Ordinance Code are hereby amended, and as amend- ed shall read in words and figures as follows: b Section 9241. Grounds for Recommendation. When prac- tical difficulties, unnecessary hardships, or results incon- sistant with the general purposes and intent of Chapters 92, 93 and 94 occur through strict application of their provisions the Commission, upon its own motion, written request of the Council, or receipt of a petition prepared in accordance with Sections 9241, 9241.11 9241.2, and Article 928, may grant or deny conditional exceptions to the provisions of Chapters 92, 93 and 94, provided that so doing will not defeat its general purposes. Section 9241.1. Appeal by Applicant or Interested Parties. Appeal may be made to the City Council from any de- cision, determination or requirements of the Planning Commiss- ion by filing notice thereof in writing with the City Clerk within ten (10) days after such decision or determination .or requirement is made. Such notice shall set forth in detail 1. Ord. No. 757 the action and grounds by and upon which the applicant or interested party deems himself aggrieved. Section 2: That .new Sections 9241.2, 9241.3 and 9241.4 be and they are hereby added to the Huntington Beach Ordinance Code to read in words and figures as follows: Section 9241.2. Challenge by Council. The City Council or any member thereof may request in writing, without explan- ation, within the 10 day period for appeal, a hearing before the' City Council to consider any decision or determination or requirement of the Planning Commission. Section 9241.1. Report. The City Clerk shall report the filing of such notice to the Planning Commission. A written report shall be submitted to the City Council by the Planning Commission. The party whose decision, determination or requirement by -the Planning Commission is upon appeal may submit a written report to the City Council for consideration. Section 9241.4. Action on Appeal. The City Council at its next regular meeting following the filing of said appeal shall set said appeal for hearing to be held within 60 days thereafter, and such hearing may for good cause be continued by order of the City Council. Upon the hearing of said ap- peal, the City Council may overrule or modify the decision determination or requirement appealed from and enter such or- der or orders as are in harmony with the spirit and purpose of Chapters 92, 93 and 94 with reasons stated. Such disposition of the appeal shall be final. 2. Ord. 757 Section 3 . That Sections 9244 and 9247 of the Hunt- ington Beach Ordinance Code are hereby amended and as amended shall read in words and figures as follows: Section 9244. Hearing Required. Before a cond- itional exception may be granted by the Council or Commission, the Council or Commission shall hold a public hearing re- lative to the proposed conditional exception as provided in Article 925 . Section 9247. Terms , Conditions, Time Limit , Guarantees. The Council or Commission may prescribe the terms and condi- tions upon which a conditional exception may be granted and set a time limit for the duration of such conditional ex- ception, and may require guarantees , in such form as it may deem proper under the circumstances, to insure that the purposes for which said exception is granted will be ful- filled , and that the conditions of the exception will be met . No Commission action governing disposition of Conditional Exceptions shall become effective prior to the lapse of 10 day appeal period. Section 4. The City Clerk shall certify to the pass- age and adoption of this ordinance and shall cause the same to be published by one insertion in the Huntington Beach News, a weekly newspaper, printed, published and circulated in the City of Huntington Beach , California , and 30 days after the adoption thereof, the same shall take effect and be in force, 3 • Ord. No. 757 PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, this 4th day of April 1960. Mayor ATTEST: T HN�, TCT�S City Clerk fit. Ord. No. 757 STATE OF CALIFORNIA ) County of Orange ) ss City of Huntington Beach ) I, JOHN L. HENRICKSEN, the duly elected, qualified and act- ing City Clerk of the City of Huntington Beach, and ex-office. io 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 five; that the foregoing ordi- nance was read to said City Council at a regular meeting thereof held on the 21st day of larch 1960, and was again read to said City Council at a regular meeting thereof held on the 4th day of April 11960, and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: SORK, LAMBERT, TERRY, W AITE, IRBY. NOES: Councilmen: NONE. ABSENT: Councilmen: NONE. ' ty Clerk and ex '-officio Clerk of the City Council of the City cf Huntington Beach, California