HomeMy WebLinkAboutOrdinance #1656 ORDINANCE NO . 1656
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY AMENDING SECTIONS 9831, 9832, 9833 , 9884 ,
9961, 9961 .1 AND 9971 . 2 TO REQUIRE FINDINGS
OF FACT SUPPORTING THE STANDARD OF HARDSHIP
FOR CONDITIONAL EXCEPTIONS
The City Council of the City of Huntington Beach does
ordain as follows :
SECTION 1 . The Huntington Beach Ordinance Code is hereby
amended by amending Sections 9831, 9832, 9833 , 9884 , 9961, 9961 .1
and 9971 . 2 to read as follows :
9831. PETITION FOR EXCEPTIONS . FORM. Petitions for con-
ditional exceptions shall be made on forms prepared by the Com-
mission and shall , regardless of other matters , state fully the
grounds for such conditional exceptions and all facts relied upon
to show that hardship exists , and that applicable provisions of
Division 9 should not be strictly interpreted and enforced rela-
tive to the property or particular use involved.
9832 . PLANS AND OTHER MATTERS . SHOWING REQUIRED. Such
petition must be accompanied by plans , profiles , specifications
or other pertinent matter which the Commission may request , and
also that hardship exists , by showing the following:
9833 • HEARING AND FINDINGS OF HARDSHIP REQUIRED. Before
a conditional exception may be granted by the Council or Commis-
sion, the Council or Commission shall hold a public hearing rela-
tive to the proposed conditional exception, as provided in Ar-
ticle 987 , and findings in support of and relevant to the hard-
ship standard must be made .
9884 . ACTION ON APPEAL. Said appeal shall be set for hear-
ing within thirty (30 ) days , or longer, if requested by appellant ,
from the time the matter is received by the City Clerk, together
with the necessary fees . Upon the hearing of said appeal, the
City Council may affirm, overrule or modify the decision appealed
from and enter such order or orders as are in harmony with the
spirit and purpose of applicable provisions of Division 9 , with
reasons stated. In cases of appeal of matters relating to con-
ditional exceptions , the Council shall, prior to affirming the
1.
grant of or reversing the denial of a conditional exception, make
findings of fact in support of and relevant to the hardship stand-
ard . Disposition of appeals by the City Council shall be made
within sixty (60 ) days after the hearing and shall be final .
9961. APPLICATION. The Planning Commission may recom-
mend that the City Council authorize conditional exceptions to
any of the requirements and regulations set forth in this chapter.
Application for such conditional exception shall be made by a veri-
fied petition of the subdivider, stating fully, and in detail, the
grounds of the application and the facts relied upon by the pe-
titioner, including but not limited to, facts in support of the
hardship standard . Such petition shall be filed with the tenta-
tive map of the subdivision and required filing fee . A fee of
Twenty-Five Dollars ($25 .00) shall be collected for the use and
benefit of the city and shall b,e deposited in its general fund.
In order for the property referred to in the petition to come
within the provisions of this section, it shall be necessary
that the Planning Commission shall make written findings of
fact in support of and relevant to the following standards :
(a) Hardship .
(b ) That there are special circumstances or conditions af-
fecting said property .
(c ) That the exception is necessary for the preservation
and enjoyment of a substantial property right of the petitioner.
(d) That the granting of the exception will not be detri-
mental to the public welfare or injurious to other property in
the vicinity in which said property is situated.
9961 . 1. PLANNING COMMISSION ACTION .
(a) In recommending such exceptions , the Planning Commis-
sion shall secure substantially the objectives of the regulations
to which the exceptions are granted, as to light , air, and the
public health, safety , convenience, and general welfare .
(b ) In recommending the authorization of any exception
under the provisions of this article , the Planning Commission
shall report to the City Council its findings with respect thereto
and all facts in connection therewith, including findings of fact
in support of and relevant to the hardship standard , justifying
such exception, and shall specifically and fully set forth the
exception recommended and the conditions designated.
9971 .2 . ACTION ON APPEAL . The appeal shall be set for
hearing by the City Clerk at the next regular Council meeting
following the filing of said appeal , or within ten (10) days
2 .
thereafter, and such hearing may , for good cause , be continued
by order of the City Council . Upon- the hearing of said appeal,
the City Council may overrule or modify the decision, deter-
mination or requirement appealed from and enter any such order
or orders as are in harmony with the spirit and purpose of this
chapter, and with respect to matters relating to conditional
exceptions , shall make findings of fact in support of and rele-
vant to the hardship : standard, and such disposition of the
appeal shall be final .
SECTION 2. 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 news-
paper 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 6th
day of July , 1971 .
'A"
Mayor
ATTEST :
City erk
APPROVED AS TO FORM:
City Attor
3 •
Ord. N,o.1656
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 21st day of June
19 71 , and was again read to said City Council at a regular
meeting thereof held on the 6th day of July �,
19 71 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, Green, Coen, McCracken
NOES: Councilmen:
None
ABSENT: Councilmen:
Gibbs, Matney
_ City Clerk and e officio Clerk
PAUL C. JONES, CITY CLERK of the City of of the City Council of the City
Huntington Beach and ex-officio Clerk of the City of Huntington Beach, California
Council, do hereby certify that this ordinance has
been published in the Huntington Beach News on
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In accordance with the C'I .t CJ rfigif said City.
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Deputy Ci Clerk