HomeMy WebLinkAboutOrdinance #1812 ORDINANCE NO. 1812
AN EMERGENCY ORDINANCE OF THE CITY OF HUNTINGTON
BEACH AMENDING THE HUNTIN TON BEACH ORDINANCE
CODE BY AMENDING SECTIONS 9721 .6 AND 9721 .14 IN
CONNECTION WITH PREPARATION OF ENVIRONMENTAL IM-
PACT REPORTS AND FEES CHARGED THEREFOR
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 9721 .6 and 9721 .14 to read as fol-
lows :
9721 .6 . PREPARATION OF ENVIRONMENTAL IMPACT REPORTS . En-
vironmental impact reports shall be prepared by the Environmental
Review Board for those projects which it determines may have a
significant effect upon the environment . Applicants shall fur-
nish such information and data, in the form of environmental im-
pact statements , as shall be required by the Environmental Re-
view Board . The Environmental Review Board, in its discretion,
may employ outside experts to prepare environmental impact re-
ports . The scope of the assignment of such outside experts shall
be determined by the Board. Such outside experts shall prepare an
objective, nonpartisan report .
9721 .14 . FEES .
(a) The applicant shall pay to city reasonable fees and
charges for the preparation of environmental impact reports ,
outside experts employed by the Board and administrative ex-
penses . The amounts of such fees shall be based upon the rea-
sonable costs to the city of the preparation of environmental
impact reports , including the costs of employment of outside
experts , and administrative costs , and shall be set by the En-
vironmental Review Board and shall be paid to the city before
the issuance or approval of any permits or entitlements .
(b ) Applicant shall pay to city upon demand, a deposit
on such fees , based upon the estimates by city of such costs .
Additional deposits may be required as study and work on the
environmental impact report progresses . Full credit for such
deposits shall be given applicant against the total fees re-
quired by this section.
(c) No future applications shall be accepted from any
1.
applicant or permits or entitlements approved or issued until all
prior indebtedness to city incurred under this section by such ap-
plicants has been paid in full .
(d) The amount of the fee shall become an obligation of
the applicant to the city whether or not the permit or entitle-
ment is issued, or whether or not applicant exercises the right
to obtain the permit or entitlement . Such fees accrue and be-
come payable when city gives notice to applicant of the amount
of such fees . This liability shall be enforceable in any court
of competent jurisdiction. In the event suit is filed by city,
in addition to the amount of the fee , applicant shall pay rea-
sonable attorney ' s fees .
SECTION 2 . This ordinance is declared an urgency ordinance
necessary for the immediate preservation of the public health
and safety within the meaning of Section 511 of the city Charter
and shall take effect immediately . The facts constituting such
necessity are that the City Council of the City of Huntington
Beach, at its meeting of December 4 , 1972 , adopted Ordinance
No . 1800 as an emergency measure in order to implement the pro-
visions contained in Assembly Bill 889 , amending the California
Environmental Quality Act of 1970 , adopted as an emergency measure
by the California Legislature on December 1 , 1972 . This ordinance
is necessary for the purpose of clarification in connection with
preparation of environmental impact reports and fees charged
therefor .
SECTION 3 . The City Clerk shall certify to the passage
of this ordinance and shall cause same to be published within
fifteen days of its passage in the Huntington Beach News , a
newspaper of general circulation, printed and published in Hunt-
ington Beach, California.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 2nd
day of January, 1973 •
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ATTEST : APPROVED AS TO FORM:
MOM
C� � vWOW
City 4,1 erk City Attorney
2 .
Emergency Ord. No. 1812
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 foregoing ordinance was read
to the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 2nd day of January_, 1973 , and was
passed and adopted by at least 5 affirmative votes of said City Council.
AYES: Councilmen:
Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen:
None
ABSENT: Councilmen:
Shipley
(7
City Clerk and -officio Clerk
of the City Council of the City
of Huntington Beach, California
I. PAUL C. JONES, CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council, do hereby certify that this ordinance has
been publish"d in the Huntington Beach News on
bm accordance with the City Charter of said City
__.. �..._C• JONES
...�... "`..---ON ty Clerk
.............. :..... ....
Deputy ny Clerk