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
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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
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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
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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.