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HomeMy WebLinkAboutOrdinance #1262 r" ORDINANCE NO. 1262 AN ORDINANCE OF >THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING DIVISION 9 OF THE HUNTINGTON BEACH ORDINANCE CODE, CODE AMENDMENT 66-15; BY ADDING ARTICLE 989, SITE PLANS, AND SECTIONS THERETO The City Council of the City of Huntington Beach does ordain as follows : Section 1. That the following article and sec- tions are hereby added to Division 9 of the Huntington Beach Ordinance Code and shall read in words and figures as follows : ARTICLE 989 SITE PLAN S . 9890 Site Plans S . 9891 Applications S . 9891. 1 Filing S . 9891. 2 Filing Fee S . 9891.3 Hearings S . 9891.4 Action By Commission S . 9891. 5 Effective Date of Approval S . 9892 Appeal to or Challenge by the City Council S . 9892 . 1 Time Limit S . 9892 . 2 Form and Content S . 9892.3 Report S . 9892 .4 Filing S . 9892. 5 Notice of Time and Hearing S . 9892.6 Action by City Council S . 9893 Time Limit S . 9894 Discontinuance of Use S . 9895 Application After Denial S . ' 9896 Effectuation S . 98.90 Site Plans : Site Plans, revocable, conditional or .valid for a time pe.riod may be issued for any of the uses or -purposes for which such plans are required or permitted by the terms of the Huntington Beach Ordinance Code . S . 9891 Applications : The Planning Commis- sion shall prescribe the form and scope of applications and necessary accompanying data. - 1 - 1262 S . 9891.1 Filing: Applications for approval of a Site Plan shall be filed in the Office of the Planning Department. Said application 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. S . 9891. 2. Filing Fee : At the time the appli- cation is filed. the applicant shall pay a fee of one hund- red (100) dollars . S . 9891.3 . Hearings : A public hearing shall be held by the Planning Commission prior to taking action on a Site Plan. S . 9891.3 . 1. Time of Hearing: Upon filing an application for a Site Plan, the Planning Department shall set said application for public hearing within thirty (30) days after the filing date. S . 9891.3 .2. Notice of Hearing: Notice of the time, place anti purpose of the public hearing, together with boundaries or a description of the property or area under consideration shall be given by mailing a postal card or other notice, containing said information, not less than ten (10) days prior to the date of the hearing mentioned therein, to the owners of all property described in said proposal and to all owners of property within 300 feet of the exterior boundaries of said dsecribed property. The last known address of such owner or the address given for such owners as shown on the latest adopted tax rolls of the County Assessor shall be used for such notification. S . 9891.3 .3. 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 public hearing. S . 9891.4. Action by Commission: In order to approve any Site Plan, the findings of the Planning Commission shall be such that the establishment, maintenance, or operation of the use or building applied for will not, under the circumstances of the particular case, be detri- mental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or in- jurious to property and improvements in the neighborhood or to the general welfare of the City. S . 9891.4.1. Approval: The Planning Commission may approve a Site Plan if they find that all conditions of this Article, the Master Plan of Land Use and the development standards for said use will be complied with. - 2 - 1262 S . 9891.4.2. Denial: The Planning Commission may deny a Site Plan if they find that any of the conditions of this Article, the Master Plan of Land Use, or the development standards for such use will not be complied with. S . 9891.4.3 . Conditional Approval: The Planning Commission may conditionally approve a Site Plan when they find that the plan will be in substantial compliance with the requirements of this Article, the Master Plan of Land Use, and the development standards for such use . S . 9891.4.4. Finding of Fact and Decision: In granting, modifying, or denying a Site Plan, the Planning Commission shall specify the facts relied upon in rendering a decision. Said decision shall be made within sixty (60) days after the public hearing. S . 9891.4. 5 . Failure to Act : Failure of the Planning Commission to take final action on any matter submitted in accordance herewith, within sixty (60) days subsequent to the date of filing or the date said plan was referred to the Planning Commission by the City Council, shall be considered a decision of the Planning Commission recommending that such matter or petition be denied unless a continuance is agreed to by all parties concerned. S . 9891.4.6 Notice of Decision: Notice of the Planning Commission ' s decision shall be mailed to the applicant within five (5) days after such decision is rendered. S. 9891.5 . Effective Date of Approval: Site Plans shall not become effective for ten 10 days after being granted, and in the event- an appeal is filed or a challenge is issued by the City Council, said Site Plan shall not become effective until a decision is made by the City Council on such appeal. S . 9892 Appeal .to, or Challenge by the City Council: The applicant or any aggrieved party may appeal a decision or requirement of the Planning Commission to the City Council, and the City Council or any member thereof may request in writing a hearing before the City Council to consider any decision, determination, or requirement of the Planning Commission. S . 9892 .1 Time Limit : All appeals or challenges shall be made within ten (10) days following the Planning Commission' s decision. S . 9892.2 Form and Content: Any appeal or challenge shall be in writing and shall specify, in detail, any grievance, error of decision, or requirement of the Planning Commission. 3 _ 1262 S . 9892 .3 Report: The City Clerk shall re- port the filing of such notice of appeal or challenge to the Planning Commission. S . 9892.4 Filing: All appeals to the City Council shall be filed with the City Clerk. S . 9892.4._l. Filing Fee : Accompanying any appeal shall be a filing fee of seventy-five (75) dollars . S . 9892.5 Notice of Time and Hearing: Any decision or requirement of the Planning Commission that is appealed to or challenged by the City Council or any member thereof, shall be set for public hearing before .the City Council by the City Clerk. Said hearing shall be held at the earliest possible regular City Council meeting with public notification as required by the appli- cable provisions of this Article . S . 9892.5.1 Hearing 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 public hearing. S . 9892 .6 Action by 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, and the Master Plan of Land Use . The decision of the City Council shall be final. S . 9892.6 .1 Finding of Fact and Decision: In granting, modifying or denying an appeal or challenge, the City Council shall specify the facts relied upon in rendering a decision. Said decision shall be made within sixty (60) days after the public hearing. S . 9892 .6.2. Notice of City Council Decision: Notice of the City Council ' s decision shall be mailed to the applicant within five (5) days after such decision is rendered. S . 9893 Time Limit: Each Site Plan autho- rized 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. For the purpose of this Section, actual construction means that construction has started and is proceeding without undue delay. Preparation of plans, securing financial arrangements, issuance of build- ing permits, letting of contracts, grading of the property, or stockpiling of materials on the site shall not constitute actual construction. - 4 1262 S . 9894 Discontinuance of Use: When any use of land, building, or premises established under the provisions of this Article has been discontinued for a period of one (1) year, it shall be unlawful to use such land, building, or premises for such discontinued use un- less a subsequent Site Plan is approved. S . 9895 Application after Denial: If a Site Plan has been denied, no further application cover- ing the same premises for the same or similar use shall be filed or considered within the period of one (1) year from date the determination thereof became final. S . 9896 Effectuation: No building per- mit shall be issued in any case where a Site Plan is re- quired by the terms of the Huntington Beach Ordinance Code, unless and until such Site Plan has been granted. No Certificate of Occupancy shall be issued. until all terms and conditions of such Site Plan have been completed or fulfilled. Section 2 . 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 days thereafter the same shall take effect and be in force . PASSED AND ADOPTED by the City Council of the City of Huntington Beach,- California, this 3rd day of October 1966. ay r ATTE Pro-Tem City Clerk APPROVE AS TO FORM: A R �zj . D E BUSH 5- Cttorney Ord. No . 1262 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 seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 19t" day of September 1966 and was again: read to said City Council at a regular meeting thereof held on the 3rdday of October 1966 , and was passed and adopted by the affirmative vote of more than a majority of all the Members of said City Council . AYES : Councilmen: Coen, Bartlett , Gisler , Kaufman, Green, Shipley NOES : Councilmen: None ABSENT : Councilmen: Stewart PAUL C. JONES, CITY CLERK •f'the City of Huntington Beach �- and ex-officio Clerk of the City City Clerk an / x-o f f i c i o Clerk Council, do hereby certify that of the City Council of the City this ordinance has been published of Huntington Beach, California in the Hu tin ton Beach News on --------------------=4,-.---...... 19-- In accordance with the City Charter of said Giry. ----------- .........._--......................... City Clerk - Dzpu�y City Clerk