Loading...
HomeMy WebLinkAboutOrdinance #1118 J ' ORDINANCE No. 1118 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH OR- DINANCE CODE BY ADDING ARTICLE 981 RE- LATING TO BOARD OF ZONING ADJUSTMENT AND ADDING SECTIONS TO SAID ARTICLE. The City Council of the City of Huntington Beach does ordain as follows : Section 1. That Article 981 entitled "Board of Zoning Adjustments is hereby added to the Huntington Beach Ordinance Code, to read in words and figures as follows: ARTICLE 981 BOARD OF ZONING ADJUSTMENTS Sections : 9810 Created 9811 Duties 9811.1 Conditional Exceptions 9811.2 Use Permits 9811.3 Division of Land 9812 Authority 9813 Applications 9813.1 Filing 9813.2 Filing Fees 9814 Hearings 9814.1 Time of Hearing 9814.2 Notice of Hearing 9814.3 Hearing Date Continuance 9814*4 Finding of Fact and Decision Time Limit 9814.5 Notice of Board's Decision 9814.6 Records of Hearings 9815 Appeal by Applicant or Interested Party to the Planning Commission 9815.1 Challenge by Commission 9815.2 Referral of Application to Planning Commission for Hearing 9815.3 Appeal by Applicant or Interested Party to the City Council 9815.4 Challenge by City Council 1. Ord. No. 1118 Sections (Continued) 9816. Revocation for Delay 9816.1 Time Limit 9817 Change of District Classification 9818 Application after Denial 9819 Effectuation Section 2. That the following new sections are hereby added to the Huntington Beach Ordinance Code to read in words and figures, as follows: Section 98i0. CREATED. There is hereby created the Board of Zoning Adjustments in and for the City of Huntington Beach. Said Board of Zoning Adjustments is hereinafter re- ferred to as the Board. Section 9810.1. MEMBERS, The Board shall consist of the Planning Director, Director of Building and Safety and Direct- or of Public Works, or a designated member of their respect- ive departments. Section 9811 . DUTIES* The Board is hereby authorized to act on the following applications, subject to the conditions con- tained herein. Section 98 1 .1 . Conditional Exceptions, Conditional Except- ions which pertain only to height limitations, but not includ- ing height of buildings, width and area of yards, separation between buildings and setback regulations when' it appears that all of the following have been established. ) Section 9811 .11. That the granting of a Conditional Except- Ion will not constitute a grant of special privilege incon- sistent with the limitations upon other properties in the 2. Ord. No. 1118 vicinity and under an identical zone classification. Section 9811,12. That because of special circumstances ap. plicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. Section 9811 .1 3. That the granting of a Conditional Exception is necessary to preserve the enjoyment of one or more substan- tial property rights. Section 9811,14. That the granting of a Conditional Exception will not be materially detrimental to the public welfare or injurious to property in the same zone classification. Section 9811.15. That the granting of a Conditional Exception will not adversely affect the Master Plan of the City of Huntington Beach. Section 9811.2. Use Permits. Use Permits provided that the establishment, maintenance or operation of the use or build- ing applied for will not be detrimental to: 9811.21. The general welfare of persons residing or working in the vicinity. 9811.22. Injurious to property and improvements in the vicini- ty of such use or building. Ord. No. 1118 Section 9811 . 3. That the granting of a Use Permit will not adversely affect the Master Plan of the City of Hunt- ington Beach. Section 9811.3. Divisions of Land. Divisions of Land pro- vided all provisions of the City Subdivision Ordinance are complied with. Section 9812. AUTHORITY. Section Q, i .1 .In the performance of its duties, the Board may approve, conditionally approve or deny any application. Section 9812,2. The Board may, after public hearing, decline to act on any application. If the Board declines to act on an application, it shall refer said application to the Planning Commission for hearing. Section 9812,3. The granting of any Division of Land which conforms to the City Subdivision Ordinance is hereby declar- ed to be an administrative function of the Board and no pub- lic hearing need be held thereon. Section 9812.3i. The Board shall render a decision on any Division of Land application within thirty (30) days after said application is filed. Section 9812,32. Notice of the Board's decision shall be mailed to the applicant within five (.5) days after such de- cision is rendered. Section 9812.4. The Board shall prescribe the form and scope of applications and necessary accompanying data. Section 9812. 5. The Board may make investigations, secure advice or assistance from any department of the City and prepare plans and reports necessary for the conduct of its duties. 4. Ord. No. 1118 Section 9813. APPLICATIONS. Section 9813.1 Filing. Applications for Conditional Except- ions, Use Permits and Divisions of Land shall be filed in the Office of the Planning Department. Said applications may be made by the owner of -the property or the property owner's authorized agent. If the applicant is not the property owner, a letter from the property owner authorizing the agent to act in his behalf shall accompany said application. Section 98 ;3.2. Filing_ Fees. At the time an application is Piled, the applicant shall pay the following fee: a. Conditional Exception, twenty-five (25) dollars. b. Use Permit, twenty-five (25) dollars. c. Division of Land, ten (10) dollars. Section 9814, HEAEINGS. A public hearing shall be held by the Board prior to taking action on any Conditional Exception or Use Permit. Section 9814.1. Time of Hearing. Upon filing of an applica- tion for a Conditional Exception or Use Permit, the Board shall set said application for public hearing within thirty (30) days after the filing date. Section 9814.2. Notice of Hearing. The Board shall give or cause to be given notice of the time, place and purpose of all public hearings by mailing notices, at least five (5) working days prior to the date of such hearing, to the appli- cant and owners of all abutting property whose names and ad- dress appear on the latest available tax roll. Abutting prop- erty shall include property directly across a street or alley. 5- Ord. No. 1118 Section 9814 , 3. Hearing Date Continuance. The Board may con- tinue the public hearing to another date without giving fur- ther notice thereof if such date is announced at the hearing. Section 9814.4. Finding of Fact and Decision Time Limit. In approving, conditionally approving or denying a Conditional Exception or Use Permit, the Board shall make a written find- ing which shall specify facts relied upon in rendering a de- cision. Said decision shall be made within thirty (30) days after the public hearing. Section 9814. 5. Notice of .Board Decision. Notice of the Board's decision shall be mailed to the applicant within five (5) days after such a decision is rendered. Section 9814.6. Records of Hearings. The Board shall keep accurate and permanent records of all hearings and decisions rendered. section 9815. APPEAL BY APPLICANT OR INTERESTED PARTY TO THE PLANNING COMMISSION. The applicant or any in- terested party may appeal a decision or requirement of the Board. Any appeal from a decision or requirement of the Board shall be made to the City Planning Commission, Section .9815,01. Time Limit. All appeals shall be made with- in ten (10) days following the Board's decision. Section 9815,02. Form and Content. Any appeal shall be in writing and said appeal shall specify, in detail, any error of decision or requirement by the Board. Section 9815,03. Filing Place and Notification. All appeals shall be filed in the Office of the Planning Department. Upon 6. Ord. No. 1118 receipt of said appeal, the Secretary to the Planning Commss.. Ion shall set the matter for public hearing before the Planning Commission. Said hearing shall be held at the earl- iest possible regular Planning Commission meeting with public notification as required by Article 987. Section 9815,04. Filing Fee. Accompanying any appeal shall be a filing fee of-seventy-five (75) dollars. Section 9815,05. Hearing Date Continuance. The Planning Commission may continue the public hearing to another date without giving further notice thereof if such date is announc- ed at the hearing. Section 9815,06. Decision by the Planning Commission. The Planning Commission may, after public hearing, affirm, reverse,or modify the Hoard's decision. Furthermore, the Planning Commission may make any additional determination or requirement it shall consider appropriate within the limitations imposed by this Article. Section 9815.47. Finding of Fact and. Decision Time Limit. In granting, modifying or denying an appeal, the Planning Commission shall specify facts relied upon in rendering a de- cision. Said decision shall be made within sixty (60) days after the public hearing. section 9815,08. Notice of Planning Commission's Decision. Notice of the Planning Commission decision shall be mailed to the applicant within five (5) days after such decision is - rendered. Section 9815.1. Challenge by. Commission. The City Planning Commission or any member thereof may request in writing,within the ten (10) day period for appeal, a hearing before the City 7• Ord. No. 1118 Planning Commission to consider any decision or requirement of the Board. Section 9815,11. Notification. Any decision or requirement of the Board that is challenged by the Planning Commission or any member thereof shall be set for public hearing before the Planning Commission. Said hearing shall be held at the earl- lest possible regular Planning Commission meeting with public notification as required by Article 987. ,Section 9815,12. Hearing Date continuance. The Planning Commission may continue the public hearing to another date without giving further notice thereof if such date is announced at the hearing. Section 9815,131. Decision by the Planning Commission. The Planning Commission may, after public hearing, affirm, reverse, or modify the Board's decision* Furthermore, the Planning Commission may make any additional determination or requirement it shall consider appropriate within the limitations imposed by this Article. Section 2815.14. Finding of Fact and Decision Time Limit. In granting, modifying or denying a challenge, the Planning Commission shall specify facts relied, upon in rendering a de- cision. Said decision shall be made within sixty (6o) days after the public hearing. Section 9815,151. Notice of Planning: Commission Decision. No- tice of the Planning Commission's decision shall 'be mailed to the applicant within five (5) days after such decision is rendered. 8. Ord. No. 1118 Section 9815.2. Referral of Application to Planning Commis- on for Hearing. When the Board declines to act on an application and refers said application to the Planning Commission for hearing the Secretary to the Planning Commission shall set said appli- cation for public hearing before the Planning Commission. Said hearing shall be held at the earliest possible regular Planning Commission meeting with public notification as re. quired by Article 987. Section 9815,21. Hearing Date Continuance, The Planning Commission may continue the public hearing to another date without giving further notice thereof if such date is announc- ed at the hearing. Section 9815.22. Finding of Fact and Decision Time Limit. In approving, conditionally approving or denying a Conditional Exception or Use Permit, the Planning Commission shall make a written finding which shall specify facts relied upon in rendering a decision. said decision shall be made within sixty (60) days after the public hearing. Section 9815,23. Notice of Planning Commissio Decision. Notice of the Planning Commission' s decision shall be mailed to the applicant within five (5) days after such decision is rendered. Section 9815. 3. Apeal by Applicant' or Interested Party to the Ulty Uouncil, The applicant or any interested party may appeal a decision or requirement of the Planning Commission. Any appeal from a decision or requirement of the Planning Commission shall be made to the City Council, a_ Ord. No. 1118 Section 8}9 5, 31. Time Limit. All appeals shall be made within ten (10) days following the Planning Commission's decision. Section 9815.12. Form and Content. Any appeal shall be in writing and said appeal shall specify, in detail, any error of decision or requirement of the Planning Commission. Section 981 . 33. Filing Place and Notification. All appeals to the City Council shall be filed with the City Clerk. Upon receipt of said appeal, the City Clerk shall set the matter for public hearing before the City Council at the earliest possible regular City Council meeting with public notifica- tion as required by Article 987, section 9815,34. Filing Fee. Accompanying any appeal shall be a filing fee of seventy-five (75) dollars. Section 9815,35. Hearing Late Continuance. The City Council may continue the public hearing to ejaother date without giv- ing further notice thereof if such date is announced at the hearing. Section 9815, 360 Decision by the City Council. The City Council may, after public hearing, affirm, reverse or modify the Planning Commission's decision. Furthermore, the City Council may make any additional determination or requirement it shall consider appropriate within the limitations imposed by this Article. The decision of the City Council shall be final. Section 9815, 37. Finding of Fact and Decision Time Limit. In granting, modifying or denying an appeal, the City Council shall specify facts relied upon in rendering a decision. laid 10. Ord. No. 1118 decision shall be made within sixty (60) days after the public hearing. Section 981 5, 38. Notice of City Council Decision. Notice of the City Council's decision shall be mailed to the appli- cant within five (5) days after such decision is rendered. Section 9815.4. CHALLENGE BY CITY COUNCIL. The City Counc- il or any member thereof may request in writing, within the ten (16) day period for appeal, a hearing before the City Council to consider any decision or requirement of the Planning Commission or Board. Section 9815,41. Notification. Any decision or requirement of the Planning Commission or Board that is challenged by the City Council or any member thereof shall be set for public hearing before the City Council at the earliest possible reg- ular City Council meeting with public notification as was re- quired by Article 987. Section 9815.42. Hearini Date Continuance. The City Council may continue the public hearing to another date without giving further notice thereof if such date is announced at the hear- ing. Section 9815,43. Decision by the City Council. The City Council may, after public hearing, affirm, reverse or modify the decision of the Planning Commission or Board. Furthermore, the City Council may make any additional determination or re- quirement it shall consider appropriate within the limitations Imposed by this Article. The decision of the City Council shall be final. 11. Ord. No. 1118 Section 9815.44 Finding of Fact and Decision Time Limit. In granting, modifying or denying a challenge, the City Council shall specify facts relied upon in rendering a decis- ion. Said decision shall be made within sixty (60) days after the public hearing. Section 9815,45. Notice of City Council Decision. Notice of the City Council's decision shall be mailed to the appli- cant within five (5) days after such decision is rendered. Section 9816. REVOCATION FOR DELAY. When a Conditional Ex- ception or a Use Permit. has not been used within a period of six (6) months from the date it was granted, the City Council may revoke said Conditional Exception or Use Permit. Section 9816.1, Time Limit. Each Conditional Exception or Use Permit authorized under the provisions of this Article which is not actually established or the actual construction commenced within one (1) year from the date of final approval shall become null and void. Section 9816,11. For the purpose of this Section, actual construction means that construction has started and is pro- ceeding without undue delay. Preparation of plans, securing financial arrangements, issuance of building permits, letting of contracts, grading of the property, or stock piling of materials on the site shall not constitute actual construction. Section 9816,12. When any use of land, building, or premises established under the provisions of this Article has been dis- continued for a period of one (1 ) year, it shall be unlawful x to again 12. Ord.. No.1118 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 1st day of February 1965. hK-g�,LK <P #M;dD I A/ Mayor ATTEST: City,!' `erk APPE AS J ES D P NKET C� ty Attorn y B Geo ge Shibata Asst.City Attorney 14. Ord. No. 1118 STATE OF CALIFORNIA ) County of Orange ) ss City of Huntington Beach ) I, PAUL 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; the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 18th day of January , 1965 , and was again read to said City Council at a regular meeting thereof held on the 1st day of February 1965, and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Welch, Gisler, Stewart , Lambert , Shipley NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and e-'officio Clerk of the City Council of the Cityof Huntington Beach, California