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HomeMy WebLinkAboutOrdinance #1847 ORDINANCE NO. 1847 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTIONS 9101. 3 .1, 9161. 3 .1, 9201. 3 . 1, 9231. 7 .1, AND 9231 . 7 . 2; ADDING SEC- TION 9601. 5; AND AMENDING APPLICABLE SECTIONS TO ESTABLISH CONDITIONAL USE PERMIT PROCEDURE FOR APPROVAL OF PLANNED RESIDENTIAL DEVELOP- MENTS AND UNCLASSIFIED USES The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. Sections 9101. 3 .1 , 9161 .3 . 1, 9201 . 3 . 1, 9231. 7 . 1, and 9231. 7 . 2 of the Huntington Beach Ordinance Code are hereby repealed. SECTION 2 . The Huntington Beach Ordinance Code is hereby amended by amending Sections 9101._3 , 9161._3, 9201. 3, 9231_.7, U19_, 931-0_1, _9310., 2,, 9491, 4-D., 9841 .1, 9841.3 through 9841. 5, 9$41.7, 9841. 8, 9841 . 10, 9843, 9843 .1, 9843 . 3, 9844, 9845, 9847, and 9848 to read as follows : 9101. 3 . USES SUBJECT TO CONDITIONAL USE PERMIT . The following uses may be permitted subject to issuance of a conditional use permit : Planned residential developments pursuant to the pro- visions of Article 984 . 9161 . 3 . USES SUBJECT TO CONDITIONAL USE PERMIT. The following uses may be permitted subject to issuance of a conditional use permit : Planned residential developments pursuant to the pro- visions of Article 984 . 9201. 3 . USES SUBJECT TO CONDITIONAL USE PERMIT. The following uses may be permitted subject to issuance of a conditional use permit: Planned residential developments pursuant to the pro- visions of Article 984 . JOC ;ahb 1. 9231 .7 . USES SUBJECT TO CONDITIONAL USE PERMIT. The following uses may be permitted subject to issuance of a con- ditional use permit : (a) Public utility substations that do not exceed one (1) acre in total net area. (b) Golf courses and their normal appurtenances . Such golf courses may include commercial driving ranges . Miniature courses , pitch-and-putt , par-3 golf courses , or other similar commercial enterprises shall not be permitted. The following requirements shall be met : (1) All structures shall be set back a minimum distance of three hundred (300) feet from any proposed or existing residential building site . (2) Ten (10 ) off-street parking spaces shall be provided for each tee . (3) Parking for all commercial structures and uses shall conform to the most restrictive standards set forth in the commercial districts . 9310 . INTENT AND PURPOSE . In order to promote a better living environment , this article shall establish basic guidelines for approval, conditional approval , or denial of conditional use permits for planned residential developments within certain residential districts of the city . The purpose of this article is to encourage better land planning tech- niques with maximum use of aesthetically pleasing types of architecture , landscaping, and site layout and design. Certain general planning principles , characteristic of planned resi- dential developments , include the following: (a) The development of permanent recreation, leisure and open space areas for the sole use of residents of the project which will satisfy present and future needs with re- spect to size , accessibility, landscaping utilization and permanent maintenance . (b ) The development of a project under a unified compre- hensive plan which establishes a theme or concept for such project . (c) Diversification of residential dwelling styles , in- cluding detached, attached and multistory , to create a heter- ogeneous neighborhood. (d) The separation of vehicular and pedestrian traffic 2 . with convenience circulation and access to dwelling and acces- sory units . This article also sets out separate standards for low, medium, medium high and high density residential developments in order to provide for different life styles within such de- velopments . 9310 .1 . CONDITIONAL USE PERMIT REQUIRED. Planned resi- dential developments may be permitted in the Rl, R2, R3 or R4 districts subject to issuance of a conditional use permit for each such development, pursuant to the provisions of Article 984 . 9310 . 2 . SUBDIVISION MAP REQUIRED. A condition for ap- proval of a planned residential development shall be the recordation of an approved subdivision map . A tentative sub- division map shall be submitted to the Planning Commission, as provided by law, at the time application is made for a con- ditional use permit for such planned residential development . Tentative maps and conditional use permit applications filed pursuant to this section may be processed simultaneously . 9491. USES SUBJECT TO CONDITIONAL USE PERMIT. The following uses may be permitted for a period of time to be de- termined by the Planning Commission, subject to issuance of a conditional use permit : (a) Uses adjacent to an established equestrian trail or where a minimum riding area of one (1) acre for every ten (10 ) equines is provided. Such uses may include the following: Animal and convalescent stables Commercial equine stables Livery and boarding stables Private club riding stables Public equine stables Rental stables Riding academy (b ) Length of time and frequency shall be considered when application for a conditional use permit has been made to hold horse shows or rodeos . 9840 . CONDITIONAL USE PERMITS . INTENT AND PURPOSE . Conditional use permits, revocable, conditional, or valid for a time period, may be issued for any use or purpose for which a plan is required or permitted under the provisions of Division 9 of the Huntington Beach Ordinance Code . 3 A The procedure contained in this article is directed toward insuring the best and most appropriate use of property, as con- templated by the Master Plan of Land Use . Such uses shall not be detrimental to the value of property or improvements , or to the general health, welfare, safety and convenience of a neigh- borhood or the city as a whole . 9841. 1 . FILING. Applications for approval of a con- ditional use permit shall be filed with the Planning Department by the owner of the property or the property owner's authorized agent . If applicant is not the property owner, a letter from the property owner authorizing the agent to act in his behalf shall accompany such application. 9841 . 3 . PUBLIC HEARING. After notice is given, pur- suant to provisions contained in Article 987 , public hearing shall be held by the Planning Commission prior to taking action on any conditional use permit application. 9841.4 . DENIAL BY 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 to the value of property and improvements in the neighborhood; or (b) The proposed use is not contemplated under the Master Plan of Land Use; or (c) The proposed use is not compatible with existing or other proposed uses in the neighborhood; or (d) The location, site layout, and design of the proposed use does not properly adapt the proposed structures to streets , driveways, and other adjacent structures and uses in a har- monious manner; or (e) The combination and relationship of one proposed use to another on a site are not properly integrated; or (f) The access to and parking for the proposed use creates an undue traffic problem; or (g) In the case of a conditional use permit application for a planned residential development, the development does not conform to the provisions contained in Article 931 . 9841 . 5 . CONDITIONAL USE PERMIT APPROVAL. The Planning 4 . Commission may approve an application for conditional use per- mit when it finds that the plan will substantially comply with the requirements of this article, the Master Plan of Land Use, and the development standards for the particular use . The Commission may also conditionally approve such application for a conditional use permit and attach such conditions as it may deem necessary to secure compliance with the provisions of Di- vision 9 and this article . A guarantee and evidence may be required that such conditions are being or will be met . 9841 . 7 . FINDING OF FACT AND DECISION. In granting, modifying, or denying a conditional use permit application, 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 Com- mission to take final action on any conditional use permit application within sixty (60 ) days subsequent to the date of filing or the date said application was referred to the Plan- ning Commission by the City Council, shall be deemed a rec- ommendation by the Planning Commission that such application be denied unless a continuance is agreed to by the applicant or his authorized agent . 9841 . 1o . EFFECTIVE DATE OF APPROVAL. Conditional 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 . 9843 . TIME LIMIT. Each conditional use permit au- thorized under the provisions of this article shall become null and void unless actual construction has commenced within one (1) year from the date of final approval . 9843 .1. REVOCATION FOR DELAY BY CITY COUNCIL. The City Council may revoke any conditional use permit, except conditional use permits for planned residential developments , when actual construction has not commenced within a period of six (6) months from the date of granting if changes have taken place which make the proposed use or building conflict with the surrounding uses , the provisions of this article, or the provisions governing the district in which such use or building is proposed. 9843 . 3 • DISCONTINUED USE OF LAND, BUILDING OR PREMISES . When any use of land, building or premises, established under the provisions of this article, has been discontinued for a period of six (6) months, it shall be unlawful to use such 5 • land, building or premises again for such discontinued use until a new conditional use permit application has been approved. 9844 . UNLAWFUL USE. Any building or structure set up, erected, built , moved or maintained and/or any use of property contrary to the provisions of this article, and/or any conditions attached to the granting of any conditional 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 the City 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 apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building, structure or use and to restrain and en- join 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 article or the conditions attached to said conditional use permit . All remedies provided for herein shall be cumulative and not exclusive . 9845 . FAILURE TO COMPLY. CERTIFICATE OF OCCUPANCY WITHHELD. Failure to abide by and to comply faithfully with any and all conditions attached to the granting of any con- ditional use permit pursuant to the provisions of this article shall constitute grounds for revocation of such permit by the City Council. 9847 . APPLICATION AFTER DENIAL. When a conditional use permit has been denied, no further application covering the same or a similar use or plan shall be filed or considered within the period of one (1) year from the date of denial. 9848 . CERTIFICATE OF OCCUPANCY AND FINAL BUILDING INSPECTION WITHHELD . No building permit shall issue in any case where a conditional use permit, required by the terms of this code , has been granted. No certificate of occupancy shall issue nor shall final building inspection be made until all terms and conditions attached to such conditional use permit are met . SECTION 3 . The Huntington Beach Ordinance Code is hereby amended by adding thereto Section 9601.5 to read as follows : 9601. 5 . USES SUBJECT TO CONDITIONAL USE PERMIT. The following uses may be permitted subject to issuance of a con- ditional use permit : Unclassified uses as set forth in Article 933 • 6 . SECTION 4 . The provisions of this ordinance insofar as they are substantially the same as existing provisions of the Huntington Beach Ordinance Code relating to the same subject matter shall be construed as restatements and continuations and not as new enactments . SECTION 5 . 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 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 4th day of June, 1973 • May o r ATTEST: APPROVED AS TO FORM: f/ City Clerk City t rney 7 • Ord. No. 1847 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly appointed, qualified 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 21s t day of May, 1973 , and was again read to said City Council at a regular meeting thereof held on the 4th day of June 19 73 , 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 Gibbs, Green. (ben, Dukg, Matney NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 1, eLgn of ow Cft of "Vo0o" t &W 04"Jicio Clerk of Vie my C49401, do tip eby re ify tfwt ttus o,tUna ve teas i d in Ow Hwrtinwn Beach News an fn acctxdwriut wig a. 19.7. - tfte Cit�r C11arter of said Catty. city Clerk oGWY CRY Clerk