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HomeMy WebLinkAboutOrdinance #1190 ORDINANCE No. 1190 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH RELATING TO BOARD OF ZONING ADJUSTMENTS; AMENDING SECTIONS OF ARTICLE 981 OF THE HUNTINGTON BEACH ORDINANCE CODE*, AND REPEALING SECTIONS THEREOF, The City Council of the CAy of Huntington Beach does ordain as follows : Section 1. That the following sections of Article 981 of the Huntington Beach Ordinance Code are hereby amended, and as amended shall read in words and figures as follows : Section 9811,1 CONDITIONAL EXCEPTIONS - Conditional Except- ions which pertain to: 9) Width and area of yards. b) Separation between buildings and other structures. c) Setback regulations. d) Height limitations for all structures, except the hei ht of any building shall not exceed ten (101 percent of the maximum building height and further provided that said adjust- ment will not increase the number of stories. e) Signs, including height, size, ground clearance aocation. . This provision shall be limited to on-site signs in commercial zones, not out- door advertising structures. f) Lot adjustments, which shall be limited to minor adjustments in the width and area of lots on final tract maps prior to recordation of said maps. g) Off-street parking, which shall include except- tions to Article 979 as well as the type of parking facility and the number of required parking spaces. 1. Ord. No. 1190 h) Driveway requirements. 1 ) Lot coverage. j ) Commercial, industrial and professional separation walls. Section 9811.1.1 Such applications may be acted upon when it appears that all of the following have been established: a ) That the granting of a Conditional Exception will not constitute a grant of special privilege incon- sistent upon other properties in the vicinity and under an identical zone classification. b) That because of special circumstances applicable to the subject property, ' including size, shape, topo- graphy, location or surroundings, the strict appli- cation 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. c) That the granting of a Conditional Exception is necessary to preserve the enjoyment of one or more substantial property rights. d) That he granting of a Conditional Exception will not. terially detrimental to the public welfare or incurious to property in the same zone classifi- cation. e) That the granting of a Conditional Exception will not adversely affect the Master Plan of the City of Huntington Beach. Section 9811.3 Parcel Maps Parcel Maps as defined in the Subdivision Map Act of' the Business and Professional Code of the State of California, provided all provisions of the City Subdivision Ordinance are complied with. Section 9812.3. The granting of any Parcel Map which con- forms to the City Subdivision Ordinance is hereby declared to be an administrative function of the Board and no public hearing need be held thereon. 2. Ord. No. 1190 Section 9812.3.1 The Board shall render a decision on any Parcel Map application within forty (40) days after said ap- plication is filed. Section 9813.1 Filing. Applications for Conditional Except- ions, Use Permits and Parcel Maps shall be filed in the of- fice of the Planning Department. Said applications shall 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 9813.2 Filing Fees. At the time an application is filed, the applicant shall pay the following fee: b) Conditional Exception, twenty-five (25) dollars. b) Use Permit, twenty-five (25) dollars. c) Parcel Map, ten dollars4us two (2) dollars for each lot over four lots. Section 2. That Sections 9811.1.2. 9811.1.39 9811.1.4 and 9811.1.5 are hereby repealed. Section 3. The City Clerk shall certify to the passage 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 thirty (30) days after the adoption thereof, the same shall take effect and be in force. 3. Ord.Noo 1190 PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, this 7th day of March , 1966. r May-or ATTEST: Ci ty erk APPROVED AS TO FORM: Z/ i AMME Do PLUNKETI City Attorney 4. Ord. No. 1190 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 the 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 ordinance was read to said City Council at a regular meeting thereof held on the 21st day of February , 1966 , and was again read to said City Council at a regular meeting thereof held on the 7th day of March , 19 66 , 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 City of Huntington Beach, California