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HomeMy WebLinkAboutOrdinance #1563 ORDINANCE NO. 1563 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTION 9730 .19 AND ARTICLE 984; BY RENUMBERING CERTAIN SECTIONS; AND BY ADDING ARTICLE 902 ENTITLED "ENFORCEMENT," , SECTIONS 9101 . 3 . 1, 9161 . 3 .1 AND 9201.3 .1, CHAPTER 93 , ENTITLED "PLANNED RESIDENTIAL DEVELOPMENT," ADDING DEFINITIONS TO SECTION 9700, AND ADDING ARTICLE 984 , ENTITLED "USE PERMIT . " The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. Section 9730 . 19 and Article 984 of the Hunt- ington Beach Ordinance Code are hereby repealed. SECTION 2. The following sections of the Huntington Beach Ordinance Code are hereby renumbered as follows : 9101 . 3 .1 to 9101 . 3 . 2 9101 . 3 .1. 1 to 9101 . 3 . 2 . 1 9101. 3 . 2 to 9101 . 3 .3 9101 . 3 . 3 to 9101 . 3 . 4 9101 . 3 . 4 to 9101 . 3 . 5 9101 . 3 . 4 . 1 to 9101 . 3 . 5 . 1 9161 . 3 . 1 to 9161 . 3 . 2 9161. 3 . 1. 1 to 9161 . 3 .2 .1 9161. 3 . 2 to 9161 . 3 . 3 9161 . 3 . 3 to 9161 . 3 . 4 9161 . 3 . 4 to 9161 .3 . 5 9161. 3 . 4 . 1 to 9161 . 3 . 5 . 1 9201 . 3 . 1 to 9201 .3 . 2 9201 .3 . 1 . 1 to 9201 . 3 . 2 . 1 9201 . 3 . 2 to 9201. 3 . 3 9201 . 3 . 3 to 9201 . 3 . 4 9201 .3 . 4 to 9201 . 3 . 5 9201 . 3 . 4 . 1 to 9201 . 3 . 5 . 1 9201 . 3 . 5 to 9201 . 3 . 6 9201 . 3 . 5 . 1 to 9201 . 3 . 6 .1 SECTION 3 . The Huntington Beach Ordinance Code is hereby 1 . amended by adding thereto Article 902 , entitled "Enforcement" , to read as follows : ARTICLE 902 ENFORCEMENT 9020 RESPONSIBILITY FOR ENFORCEMENT. All departments , officials and public employees of the City of Huntington Beach vested with the duty or authority to issue permits or licenses , shall conform to the provisions of this Division 9 , and shall issue no permit or license for uses , buildings or purposes in conflict with the provisions of this code, and any such permit or license issued in conflict with the provisions of this code shall be null and void . It shall be the duty of the Director of Building and Safety and his duly authorized representatives to enforce the provisions of Division 9 of this code . 9021 PENALTY FOR VIOLATION. Any person violating or causing violation of the provisions of this Division shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than Five Hundred Dollars ($500) or by imprisonment in the county jail of Orange County or in the city jail of the City of Huntington Beach, if there be one , for not exceeding six (6) months , or by both fine and imprisonment , as the judge of a court of competent jurisdiction may direct . Such person shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this Division is committed or continued by such person, and shall be punishable as herein provided. 9022 DECLARATION OF NUISANCE . ABATEMENT. Any build- ing or structure set up; erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this Division, and any use of any land, build- ing or premises established, conducted, operated or maintained contrary to the provisions of this Division shall be , and the same is hereby declared to be unlawful and a public nuisance; and the City Attorney shall, upon the order of the City Council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure , and restrain and enjoin any person from setting up, erecting, building, main- taining or using any such property contrary to the provisions of this Division. 2 . SECTION 4 . The Huntington Beach Ordinance Code is hereby amended by adding thereto Sections 9101 .3 .1, 9161. 3 .1 and 9201.3 . 1, to read as follows : 9101. 3 . 1 Planned Residential Developments pursuant to the provisions of Article 984 . 9161. 3 . 1 Planned Residential Developments pursuant to the provisions of Article 984 . 9201 . 3 . 1 Planned Residential Developments pursuant to the provisions of Article 984 . SECTION 5 . The Huntington Beach Ordinance Code is hereby amended by adding thereto Chapter 93 , entitled "Planned Residential Development" , being Sections 9310 through 9314, to read as follows : CHAPTER 93 SPECIAL DEVELOPMENTS ARTICLE 931 PLANNED RESIDENTIAL DEVELOPMENT 9310 INTENT AND PURPOSE . In order to promote better living environments , this section shall estab- lish basic guidelines for approval, conditional approval, or denial of use permits for Planned Residential Developments within certain residential districts of the city . It is intended that this Article shall encourage better land planning techniques with maximum use of aesthetically pleasing types of architecture, landscaping, and site layout and design. Certain general planning principles which often characterize Planned Residential Developments and should be of prime consideration by the Planning Commission include : (a) The development of permanent recreation, leisure and open space areas for the sole use of residents of the project which are adequate in size, accessibility, landscaping, utili- zation and permanent maintenance for both present and future needs of residents . (b) The development of the project is carried out under a unified, comprehensive plan which establishes a theme or concept for the entire project . (c) A diversification of residential dwelling types , includ- ing detached, attached and multi-story dwellings to create a heterogeneous neighborhood . 3 . (d) A separation of vehicular and pedestrian traffic with convenient circulation and access to dwelling units and accessory units . 9311 USE PERMIT REQUIRED. Planned Residential Devel- opments may be permitted in the R-1, R-2 or R-3 districts when a use permit is first secured for each such development pursuant to Article 984 . 9311. 1 SUBDIVISION MAP REQUIRED. A condition for approval of a Planned Residential Development shall be the recordation of an approved subdivision map . A tentative subdivision map shall be submitted to the Planning Commission as provided by law at the time application is made for a use permit for .the Planned Residential Development . Tentative maps and use permits filed pursuant to this section may be processed simultaneously . 9311 . 2 MAXIMUM DENSITY . Unless allowed pursuant to the provisions of Section 9314 hereof, the maximum density of a Planned Residential Development shall not exceed 7 . 25 units per acre of the gross acreage involved in the R-1 district ; eighteen (18) units per acre of the gross acreage involved in the R-2 district ; and twenty-nine (29 ) units per acre of the gross acreage involved in the R-3 district . For the purpose of this section, gross acreage shall not include open or public land as defined in this code .' 9312 DEVELOPMENT STANDARDS . The follpwing development standards shall apply to Planned. Residential Developments : 9312 . 1 MAXIMUM SITE COVERAGE . The maximum building coverage of the site on which the development is located shall not exceed fifty (50) percent of the gross acreage being developed, exclusive of land area being set aside for private streets and alleys , and the rights of way of public streets and alleys . 9312 . 2 MINIMUM SIZE . The minimum size for a Planned Residential Development shall be such that it will not conflict with the definition of Planned Residential Development as set out in Section 9700(p) and Section 9310 of this Chapter . 9312 . 3 SINGLE FAMILY DETACHED HOMES . Where detached single family homes are proposed on individual lots similar to those found in a standard type subdivision and such lots do not abut common open space used for recreation and leisure purposes , the minimum lot size for said lots shall conform to the requirements of the base district unless said plan has been determined by the Planning Commission with con- currence of the City Council to meet the intent and purpose of this Article . 9312 . 3 . 1 Where detached single-family homes are pro- posed on individual lots similar to those found in a standard type subdivision and such lots abut common open space used for recreation and leisure purposes , the minimum lot size for said lots shall not be less than five thousand (5000 ) square feet unless said plan has been determined by the Planning Commission with concurrence of the City Council to meet the intent of this article . 9312 . 4 PRIVATE STREETS OR DRIVEWAYS . In order to provide sufficient driveway widths for traffic flow and maneuverability, the standards set out in Section 9312 and its subsections and the following standards shall apply : (a) If vehicles can park parallel on both sides of a street or driveway, the minimum paved width of such street or driveway shall not be less than forty (40) feet . (b) If vehicles can park parallel on only one side of a street or driveway, and if the opposite side of such street or driveway is used for parking other than parallel parking, then the minimum paved width of such street or driveway shall not be less than thirty-three (33) feet . (c) If a street or driveway serves as the primary access to or within a Planned Residential Development , and if enclosed parking other than parallel parking is provided on both sides of such street or driveway, and if such street or driveway is in excess of one hundred fifty (150) feet in length, then the minimum paved width of such street or driveway shall not be less than twenty-eight (28) feet . (d) If a street or driveway does not serve as primary access to or within a Planned Residential Development , and if open or enclosed parking other than parallel parking is pro- vided on both sides of such street or driveway, and if such street or driveway is one hundred fifty (150) feet in length or less , then the minimum paved width of such street or driveway shall not be less than twenty-five (25) feet . (e) A street or driveway exceeding one hundred fifty (150) feet in length which terminates within a Planned Residential Development shall be provided with a curbed turn-around having a radius of not less than twenty (20) feet . (f) No encroachments shall be constructed over streets or driveways within a Planned Residential Development except for 5 . roof overhang or eaves above a height of fourteen (14) feet , which may project not more than a maximum of four (4) feet over such streets or driveways . (g) When streets or driveways are adjacent to the exter- ior edge of the property line of a Planned Residential Develop- ment , an additional two (2) feet shall be provided between the curb and such property line at locations where parallel parking has been proposed. 9312 • 5 CURB RADIUS . The inside curb radius on turns for private streets and driveways shall be twenty-five (25) feet . 9312 . 6 CONSTRUCTION OF PRIVATE STREETS AND DRIVEWAYS . Construction of base, paving, curbs and gutters of all private streets and driveways shall be approved by the Department of Public Works . 9312 . 7 STREET LIGHTING . The developer shall install a lighting system on private streets equal in illumination to lighting on public streets and as approved by the Department of Public Works . 9312 . 8 OFF-STREET PARKING . Off-street parking shall be supplied in the same ratio required for the district or districts in which such development is proposed to be located . All parking spaces, lots , compounds and struc- tures shall conform to Article 979 and be conveniently access- ible to the dwelling units they are designed to serve . 9312 • 9 RECREATION, LEISURE AND OPEN SPACE AREAS . Minimum square footage of usable open space for recreation and leisure use shall be as follows : DISTRICT SQUARE FEET PER UNIT R-1 1200 R-2 400 R-3 300 9312 . 9 .1 INDOOR RECREATION OR LEISURE AREAS . Recreation or leisure areas that are provided within a building may be utilized to fulfill not more than fifteen per- cent (15%) of the minimum usable open space requirement . 9312 .9 .2 PRIVATE WATERWAYS. Private waterways may be utilized to fulfill the minimum usable open space requirement , but a minimum of thirty-five percent (35•% ) of the required open space areas for each unit shall be in open land areas . 6 . 9312 . 9 . 3 Recreation and leisure areas may include game courts or rooms , swimming pools , sauna baths , private dock areas gardened roofs or rounds putting greens , p � g g � p g g , play lots , or other areas serving all the residents of the development , but shall not include private patios , balconies , decks or other areas used solely by the resident of an indiv- idual dwelling unit nor areas used exclusively for vehicular access . 9312 . 9 . 4 The minimum square footage requirements for usable open space as set out in Sections 9312 .9 . 9312 .9 .1, 9312 .9 . 2 and 9312 . 9 . 3 shall not be considered to fulfill any requirements of Articles 974 or 998 , relating to park and recreation facilities . 9312 . 9 . 5 IRRIGATION PLAN. Prior to the issuance of a building permit , a complete irrigation plan of the landscaping and a statement setting forth the method by which such irrigation shall be preserved and maintained shall be submitted to and approved by the Board of Zoning Adjustments . 9312 . 10 BUILDING HEIGHT . The maximum building height shall not exceed that permitted by the district or districts in which the Planned Residential Development is proposed to be located . 9312 . 11 SIGNS . All signs located within a Planned Resi- dential Development shall conform to applicable provisions of the district or districts in which the develop- ment is proposed to be located . 9312 . 12 LANDSCAPING . All recreation, leisure and open space areas held in common and the required planted areas within parking areas shall be landscaped and permanently maintained in an attractive manner. Landscaping may include lawns , trees , shrubs and other living plant mater- ials , and decorative design elements , such as fountains , pools , walkways, benches, sculpture, planters , fences and similar elements which are incorporated as an integral part of the landscaping plan. 9312 . 13 TRASH COLLECTION AREAS . Trash collection areas shall be screened from view from any public right of way and integrated into the development in a harmon- ious and attractive manner. A plot plan of such area shall be submitted along with elevations and structural plans . 9312 . 14 Any other applicable development standard of Division 9 or condition as deemed necessary by 7 . the Planning Commission may be required in order to protect the intent and purpose of this Section 9312 , its subsections and this Article . 9313 COMMON AREAS (HOME OR COMMUNITY ASSOCIATIONS : CONDITIONS, COVENANTS AND RESTRICTIONS) . In the establishment of permanently maintained, common open areas , the following shall be required: (a) Common areas , including private streets , shall not be dedicated separate and apart from the individual parcel or dwelling unit . (b ) All provisions for a community association and for perpetual maintenance of the common area and recrea- tion areas shall be approved by the Planning Depart- ment and Legal Department . (c) The covenants , conditions and restrictions shall contain at least the following provisions : 1. The recreation, leisure and open space areas shall be reserved for the exclusive use of residents within the project and their non-paying guests . 2 . Owners and tenants shall be required to abide by association rules and there shall be penal- ties for violation of said rules . 3 . Any interest in the common area (including private streets) held by an individual parcel owner cannot be devised, conveyed or dedicated separate and apart from the devise, conveyance and/or dedication of the individual parcel, nor may any interest in the common area (including private streets) be devised, conveyed or dedicated for a period longer than a life in being plus twenty-one (21) years , except that this may be accomplished under the same conditions or grounds as are available under judicial partition. 4 . If the development is constructed in increments or several final maps , reciprocal covenants , conditions and restrictions and reciprocal management agreements shall be established that will cause a merging of increments as they are completed. The end result shall be one home association with common areas common to all and one management for the entire project . 8 . 9314 EXCEPTIONS . Exceptions to this article and all provisions of Division 9 , as they apply to Planned Residential Developments , may be granted under the use permit procedure when the applicant shows that the exception would not be inconsistent with the intent and purpose set out for use permits in Section 9840 and the criteria for consider- ation of use permits set out in Section 9841. 4 , or with the intent and purpose of Planned Residential Developments as set out in Section 9310 . SECTION 6 . The Huntington Beach Ordinance Code is hereby amended by adding to Section 9700 , subsections to read as follows : (g) GROSS ACREAGE: The area computed by including all property within property lines of a proposed development , except when such property lines abut a street in which case such area shall be computed from the centerline of such street . (o) OPEN OR PUBLIC LAND: Shall include parks dedicated or proposed to be dedicated for public use , school sites , areas set aside for school sites , easements or rights of way for electrical transmission lines , or areas set aside for water uses or flood control channels . (p) PARALLEL PARKING: Parking which is immediately adjacent to and parallel to the edge of a private or public roadway or driveway . PLANNED RESIDENTIAL DEVELOPMENT: A land develop- ment designed and developed as a unit for indiv- idual ownership of dwelling units or sites or air space rights in the area occupied by said dwelling units , with normal accessory residential uses , and permanently maintained common property with each resident having an undivided interest in the common area for use as parks, waterways , golf courses , or other recreation areas that are integrated with the dwelling units for the sole enjoyment of residents within the development . SECTION 7 . The Huntington Beach Ordinance Code is hereby amended by adding thereto Article 984, entitled "Use Permit ," being Sections 9840 through 9848 to read as follows : 9 . ARTICLE 984 USE PERMITS 9840 USE PERMITS . INTENT AND PURPOSE . Use permits, revocable, conditional or valid for a time period, may be issued for any of the uses or purposes for which such plans are required or permitted by the te rms of the Huntington Beach Ordinance Code . It is the intent and purpose of this Article to establish a procedure which will enable the Planning Commission to review certain uses of property within speci- fied zoning districts of the city in order to insure the best and most appropriate use of property in such zoning districts as contemplated by the Master Plan of Land Use . It is further intended that such uses shall not be detrimental to the gen- eral health, welfare, safety and convenience of the neighbor- hood or city in general, and shall not be detrimental or injurious to the value of property or improvements of the neighborhood or city in general. 9841 APPLICATIONS . The Planning Commission shall prescribe the form and scope of applications and necessary accompanying data. 9841. 1 FILING. Applications for approval of a use permit 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. 9841 . 2 FILING FEE . At the time the application is filed, the applicant shall pay a fee of One Hundred Dollars ($100) . 9841 . 3 PUBLIC HEARING . No public hearing need be held on use permits except as specified by the Planning Commission. However, public hearings shall be held for use permits filed for Planned Residential Developments . 9841. 4 DENIAL BY THE PLANNING COMMISSION. The Planning Commission may deny any application if it finds any one of the following: (a) That the proposed use has a detrimental effect upon the general health, welfare , safety and convenience of persons residing or working in the neighborhood, or is detrimental or injurious to the value of the property and improvements in the neighborhood, or 10 . (b) That the proposed use adversely affects the Master Plan of Land Use , or (c) That the proposed use is not compatible with other and proposed uses in the neighborhood, or (d) That the location, site layout , and design of the proposed use does not properly orient the proposed structures to streets , driveways , and other adjac- ent structures and uses in a harmonious manner; or (e) That the combination and relationship of one pro- posed use to another on the site are not properly integrated; or (f) That access to and parking for the proposed use creates an undue traffic problem; or (g) In the case of a use permit for a Planned Residen- tial Development , that the development is not consistent with the intent and purpose of Planned Residential Developments as set out in Section 9310 . 9841. 5 USE PERMIT APPROVAL . The Planning Commission may approve a use permit when it finds that the plan will be in substantial compliance with the require- ments of this article, the Master Plan of Land Use , and the development standards for such use, or may conditionally approve such use permit and attach such conditions as the Planning Commission deems necessary to secure the purposes of this article and Chapter 9 , and may require guarantees and evidence that such conditions are being or will be complied with. 9841 . 6 HEARING DATE CONTINUANCE . The Planning Com- mission may continue the hearing from time to time, provided, however, the public hearing or hearings shall be conducted within sixty (60) days after the first public hearing. 9841. 7 FINDING OF FACT AND DECISION. In granting, modifying or denying a use permit, 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. 9841. 8 FAILURE TO ACT. Failure of the Planning Commission to take final action on any use permit application within sixty (60) days subsequent to the date of filing or the date said application was referred to the Planning Commission by the City .Council, shall be considered a decision of the Planning Commission recommending 11 . that such application be denied, unless a continuance is agreed to by the applicant or his authorized agent . 9841. 9 NOTICE OF DECISION. Notice of the decision of the Planning Commission shall be mailed to the applicant within five (5) working days , excluding weekends and holidays , after such decision is rendered. 9841. 10 EFFECTIVE DATE OF APPROVAL . Use permits 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 permit shall not become effective until a decision is made on such appeal . 9842 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 require- ment of the Planning Commission. 9842. 1 TIME LIMIT . All appeals or challenges shall be made within ten (10) days following the decision of the Planning Commission. 9842 . 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. 9842 . 3 REPORT . The City Clerk shall report the filing of such notice of appeal or challenge to the Planning Commission. 9842 . 4 FILING FEE . Accompanying any appeal shall be a filing fee of Seventy-Five Dollars ($75 . 00) . 9842 . 5 NOTICE OF TIME OF 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 pursuant to Article 987 of this code . 9842 . 5 . 1 HEARING DATE CONTINUANCE . The City Council may continue the hearing from time to time , and the City Council may refer the matter back to the 12 . Planning staff of the city for further report , copy of which shall be made available without delay to the landowner or his representative, provided , however, the public hearing or hearings shall be concluded within sixty (60) days after the first public hearing. 9842 . 6 ACTION BY CITY COUNCIL . The City Council may, after public hearing, affirm, reverse or modify the decision of the Planning Commission. Further more, 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 . 9842 . 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. 9842 .6 . 2 NOTICE OF CITY COUNCIL DECISION. Notice of the decision of the City Council shall be mailed to the applicant within five (5) working days , excluding weekends and holidays , after such decision is rendered. 9843 TIME LIMIT . Each use permit authorized under the provisions of this article for which actual construction has not commenced within one (1) year from the date of final approval, shall become null and void. 9843 . 1 REVOCATION FOR DELAY . The City Council may revoke any use permit except use permits for Planned Residential Developments , when actual construc- tion has not commenced within a period of six (6) months from the date of granting if conditions have changed so as to make the proposed use or building conflict with surround- ing uses, the intent of this article, or the intent of the district in which such use or building is proposed . 9843 . 2 ACTUAL CONSTRUCTION DEFINED . For the pur- pose of Sections 9843 and 9843 .1 , actual construction means that construction has started and is proceeding without delay and with due diligence . Prepar- ation of plans , securing financial arrangements , issuance of building permits , letting of contracts , or stockpiling of materials on the site , shall not constitute actual construction. 9843 .3 DISCONTINUED USE OF LAND, BUILDING OR PREMISES . When any use of land, building or premises established under the provisions of this article 13 . has been discontinued for a period of one (1) year, it shall be unlawful to again use such land, building or premises for such discontinued use unless a subsequent use permit is approved . 9843 . 4 EXTENSION OF TIME LIMITS . Upon written request by the applicant or property owner, the Planning Commission may grant extensions of time under Sections 9843 , 9843 .1, 9843 .2 and 9843 .3 , not to exceed one (1) year. 9844 UNLAWFUL USE. Any building or structure set up, erected, built , moved or main- tained and/or any use of property contrary to the provisions of this code and/or any conditions attached to the granting of any use permit pursuant thereto shall be and the same is hereby declared to be unlawful and a public nuisance , and the duly constituted authorities of Huntington Beach shall, upon order of the City Council , immediately commence action or actions , proceeding or proceedings , for the abatement , removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such building, structure or use and restrain and enjoin any person, firm or corporation from setting up, erecting, building, moving or maintaining any building or structure or using any property, contrary to the provisions of this code or the conditions of said use permit . 9845 FAILURE TO COMPLY. Failure to abide by and faithfully comply with any and all con- ditions that may be attached to the granting of any use permit pursuant to the provisions of this code shall consti- tute grounds for the revocation of said use permit by the City Council . No certificate of occupancy shall be issued if conditions attached to the granting of the use permit have not been complied with. All remedies provided for herein shall be cumulative and not exclusive . 9846 HEARING . The City Council shall hold a hearing on any proposed revocation after giving written notice to the permittee at least ten (10) days prior to the hearing. 9847 APPLICATION AFTER DENIAL . If a use permit has been denied, no further application covering the same or similar use or plan, whichever is applicable , shall be filed or considered within the period of one (1) year from date the determination thereof became final . 9848 EFFECTUATION. No building permit shall be issued in any case where a use permit is 14 . required by the terms of the Huntington Beach Ordinance Code , unless and until such use permit has been granted. No certificate of occupancy shall be issued until all terms and conditions of such. use permit have been completed or fulfilled . SECTION 8 . If any section, subsection, sentence , clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decis- ion of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance . The City Council of the City of Huntington Beach hereby declares that it would have adopted this ordin- ance and each section, subsection, sentence , clause, phrase or portion thereof irrespective of the fact that any one or more sections , subsections , clauses , phrases or portions be declared invalid or unconstitutional . SECTION 9 . The provisions of these sections insofar as they are substantially the same as existing provisions of theHuntington BOrdinancee rel tin to the same un ngton each Cod relating subject matter shall be construed as restatements and contin- uations and not as new enactments . SECTION 10 . Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances , which violations were committed prior to the effective date here- of, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted , filed or deposited. pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect . 15 . SECTION 11. This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News , a weekly newspaper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of March 1970 Mayor ATTEST: City erk APPROVED AS TO FORM: At - 16 . Ord. NO. 1563 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 2nd day of March 19 70 , and was again read to said City Council at a regular meeting thereof held on the 16th day of March , 19_Zo , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Shipley, Bartlett , McCracken, Kaufman , Coen , Green NOES: Councilmen: None ABSENT: Councilmen: Matney City Clerk and -officio Clerk of the City Council of the City " 1. PAUL iy: "NES, CITY CLERIR of the City at of Huntington Beach, California Huntrrtgftin 9#W-h and ex of icio Clerk of the City Council, do hereby certify that this ordinance has b6oh Published I the Huntington Beach News on ; _ /--1------------- ------ 19.7 I CO w the C' barter of said City. :...., IW Clerk DeputY City Clerk