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HomeMy WebLinkAboutOrdinance #806 ORDINANCE No. 806 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING TBE HUNTINGTON BEACH OR- DINANCE CODE RELATING TO CONDITIONAL EX- CEPTIONS AND USE PERMITS. The City Council of the City of Huntington Beach do ordain as follows: Section 1. The title of Article 924 of the Hunting- ton Beach Ordinance Code is hereby amended and as ,amended shall read in words and figures as follows: ARTICLE 924 CONDITIONAL EXCEPTIONS AND USE PERMITS Section 2. . The following new sections are hereby added to the Huntington Beach Ordinance Code and shall read in words and figures as follows: Section 9249. Use Permits. Use permits' revocable, conditional or valid for a term period may be issued for any of the uses or pur- poses for which such permits are required or permitt- ed by the terms of .the Huntington Beach Ordinance Code. Section 9249.1. , Application. (a) Application for Use Permit shall be made to the Planning Commission in writing on a form prescribed by the Commission and shall be accompanied by plans and elevations necessary to show the detail of the r proposed building or use. Such application shall be 1. Ord. No. 806 accompanied by a fee of Twenty-five Dollars ($25.00) if a public hearing is deemed necessary by the Plan- ning Commission, or Fifteen Dollars ($15.00) if no public hearing is required. Section 9249.2. Public Hearings. (a) No public hearing need be held thereon, provided that the Planning Commission may hold any hearings as it deems necessary. (b) When a public hearing is deemed necessary, notice . of such hearing shall be given by publication in the official newspaper, of the City and by posting. said notice in not less than two (2) conspicuous places on or close to the property at least ten (10) days prior to the hearing or by mailing said notice, postage prepaid, at least five (5) days prior to the hearing to all property owners whose names and addresses appear on the latest adopted tax roll as owning property within a distance of three hundred (300) feet from the exterior bound- aries of applicant 's property. Section 9249,3. Action by Commission. (a) In order to grant any Use Permit the findings of the Planning Commission shall be that the estab- lishment, maintenance , or operation of the use or building applied for will not, under the circum- stances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detri- mental or injurious to property and improvements in the neighborhood or to the general welfare of the City. (b)The Planning Commission may designate such don- ditions in connection with the Use permit , as it deems necessary to secure the p rposes of this Ar- ticle and may require such guarantees and evidence that such conditions are being or will be complied with. In cases whdre the Use permit is refused, the Planning Commission shall state its reasons for such refusal. Use Permits shall not become effective for fifteen (15) days after being grant- ed, and in the event appeal is filed, said permit 2. Ord. No. 806 shall not become effective until a decision i-s made by the City Council on such appeal. Section 9249.4. Appeal. (a) In case ' the applicant or any other person, firm or corporation is not satisfied with the action of the Planning Commission, he may within fifteen (15) days appeal in writing to the City Council. (b) The City Council shall set date for public hear- ing and give notice as required in Section 9249.2 (b) . Notice shall also be given to the Planning Commission of such appeal and the Planning Com- mission shall submit a report to the City Council setting forth the reasons for action taken by the Commission, or shall be represented at the hear- ing. (c) The City Council shall render its decision within sixty days after the filing of such appeal. Section 9242.5. Effect. No building or zoning permit shall be issued in any case where a Use Permit is required by the terms of the Huntington Beach Ordinance Code un- less and until such Use Permit has been granted by the Planning Commission or in the event of ap- peal by the City Council andthen only in ac- cordance with the terms and conditions of the Use Permit granted. Section 3. That Section 9393 of the Huntington Beach Ordinance Code be and it is hereby appealed. 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 3• Ord. No. 806 News, a weekly newspaper, printed, published and circulated in the City of Huntington Beach, California; and thirty (30) days after the adoption thereof, the same shall take effect and be in force. PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, this 19th day of December , 196o. v Mayor ATTEST Ci Clerk 4. Ord. -No. 806 STATE -OF CALIFORNIA County of Orange ) ss City of Huntington Beach ) I, CAUL C. JONES, the duly elected, qualified and acting 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 five; that the foregoing ordi- nance was read to said- City Council at a regular meeting thereof Yield on the 5th day of December 1960 and was again read to said City Council at a regular meeting thereof held on the 19th day of December 196 U 1 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Wells, Lambert, Stewart, Waite, Gisler NOES: Councilmen: None ABSENT: Councilmen: None City Clerk a x-officio Clerk of the City Coun it of the City of Huntington Beach, California 5.