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HomeMy WebLinkAboutOrdinance #1852 ORDINANCE NO . 1852 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTIONS 9101. 3 . 2, 9101. 3 .2 . 1, 9101. 3 . 3, 9101:3 . 4 , 9101. 3 . 5, 9101. 3 .5 .1, 9161. 3 . 2, 9161. 3 . 2. 1, 9161 . 3 . 3, 9161 . 3 .4 , 9161. 3 . 5, 9161. 3 . 5 .1, 9201. 3 . 2 , 9201. 3 . 2 .1, 9201. 3 . 3 , 9201.3 .4 , 9201. 3 . 5, 9201. 3 . 5 .1, 9201. 3 .6, 9201. 3 .6 .1, 9231 . 2, 9231 .2 .1, 9231.3, 9231 . 3.1, 9231.4, 9231 . 5, 9231 . 5 .1, 9231 .7 . 2 .1, 9231. 7 . 3, 9231 .7 . 3 .1, 9231.7 .4, 9404 .4, 9404 . 5, 9456 (c) , 9471. 3, AND 9475; AMENDING APPLICABLE SECTIONS TO ESTABLISH CONDITIONAL USE PERMIT PROCEDURE FOR APPROVAL OF UNCLASSIFIED USES; AND ADDING SECTIONS 9430 . 8, 9472 .2, 9511. 2, 9530 . 4, 9700 . 3(6) , 9700 . 8(2) , 9700 .16 (3) , SUB- SECTIONS (2) AND (3) TO SECTION 9700 . 23, AND NEW ARTICLE 933 ENTITLED, "UNCLASSIFIED USES" The City Council of the City of Huntington Beach does ordain as follows : SECTION 1 . Sections 9101. 3 . 2 , 9101. 3 . 2 . 1, 9101 . 3 .3, 9101. 3 .4 , 9101 . 3 . 5, 9101 . 3 . 5 .1, 9161. 3 . 2 , 9161. 3 .2 .1, 9161 . 3 . 3, 9161. 3. 4 , 9161 .3 . 5, 9161. 3 . 5 .1, 9201. 3 . 2, 9201. 3 . 2 . 1, 9201. 3 . 3, 9201. 3 .4 , 9201 . 3 . 5, 9201 . 3 . 5 .1, 9201. 3 . 6, 9203. 6 .1, 9231 . 2, 9231 . 2 . 1, 9231 . 3 , 9231. 3 .1, 9231.4, 9231 .5, 9231. 5 .1, 9231. 7 .2 .1, 9231 . 7 . 3, 9231 .7 . 3 .1, 9231 .7 . 4, 9404 . 4 , 9404 . 5 , 9456 (c) , 9471 . 3, and 9475 of the Huntington Beach Ordinance Code are hereby repealed.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, 9402, and 9454 to read as follows : 9101. 3 . USES SUBJECT TO CONDITIONAL USE PERMIT. The following uses may be permitted subject to issuance of a con- ditional use permit : (a) Planned residential developments pursuant to the pro- visions of Articles 931 and 984 . 1 . JOC :ahb (b ) Unclassified uses pursuant to the provisions of Article 933 . 9161 . 3 . USES SUBJECT TO CONDITIONAL USE PERMIT. The following uses may be permitted subject to issuance of a con- ditional use permit : (a) Planned residential developments pursuant to the pro- visions of Articles 931 and 984 . (b) Unclassified uses pursuant to the provisions of Article 933 . 9201. 3 . USES SUBJECT TO CONDITIONAL USE PERMIT. The following uses may be permitted subject to issuance of a con- ditional use permit : (a) Planned residential developments pursuant to the pro- visions of Articles 931 and 984 . (b) Unclassified uses pursuant to the provisions of Article 933 • 9231 . 7 . USES SUBJECT TO CONDITIONAL USE PERMIT. The following uses may be permitted subject to issuance of a con- ditional use permit : (a) Planned residential developments pursuant to the provisions of Articles 931 and 984 . (b ) Unclassified uses pursuant to the provisions of Article 933 • 9402 . USES SUBJECT TO CONDITIONAL USE PERMIT. The following uses may be permitted subject to issuance of a con- ditional use permit : Unclassified uses pursuant to provisions of Article 933 - 9454 . USES SUBJECT TO CONDITIONAL USE PERMIT. The following uses may be permitted subject to issuance of a condi- tional use permit : Unclassified uses pursuant to provisions of Article 933 . SECTION 3. The Huntington Beach Ordinance Code is hereby amended by adding thereto Sections 9430 . 8, 9472 .2, 9511 . 2, 9530 . 4 , 9700 . 3(6) , 9700 . 8 (2) , 9700 . 16 ( 3) , subsections (2) and ( 3) to Section 9700 . 23, and new Article 933 entitled, "Un- 2 . classified Uses" to read as follows : 9430 . 8 . USES SUBJECT TO CONDITIONAL USE PERMIT. The following uses may be permitted subject to the issuance of a conditional use permit : Unclassified uses as set forth in Article 933 • 9472 . 2 . USES SUBJECT TO CONDITIONAL USE PERMIT. The following uses may be permitted subject to the issuance of a conditional use permit : Unclassified uses as set forth in Article 933 • 9511 . 2 . USES SUBJECT TO CONDITIONAL USE PERMIT. The following uses may be permitted subject to the issuance of a conditional use permit : Unclassified uses as set forth in Article 933 • 9530 . 4 . USES SUBJECT TO CONDITIONAL USE PERMIT. The following uses may be permitted subject to the issuance of a conditional use permit : Unclassified uses as set forth in Article 933 • 9700 . 3(6) COMMERCIAL RECREATION USE AND/OR CENTER shall mean recreation facilities operated as a business and open to the general public for a fee. 9700 . 8(2) HORTICULTURE shall mean the science and art of growing for wholesale purposes fruits, vegetables , flowers , or ornamental plants, and may include tree, vine or field crops , flower or vegetable gardening, nurseries or greenhouses . 9700 .16 ( 3) PRIVATE CLUB OR LODGE shall mean any facility or meeting place of an organization requiring bonfa fide member- ship . 9700 . 23(2) RECREATIONAL VEHICLE shall mean a vehicle which is designed or used for temporary human habitation and for travel or recreational purposes including, but not limited to, motorhome , camper, travel trailer, camp car or tent trailer. 9700 . 23(3) RECREATIONAL VEHICLE PARK shall mean an im- proved area where spaces or lots are rented to accommodate recreational vehicles . 3 • ARTICLE 933 UNCLASSIFIED USES 9330 . INTENT AND PURPOSE. The purpose of this article is to establish a procedure whereby the Planning Commission may approve certain uses that possess character- istics of such unique and special form as to make impracti- cal their automatic inclusion within any class of use speci- fied for a district . The location and operation of such uses shall be subject to approval of a conditional use permit, pro- vided that a conditional use permit may not be granted in any district where the regulations and provisions prohibit such use . 9331. UNCLASSIFIED USES SUBJECT TO CONDITIONAL USE PERMIT . A conditional use permit may be granted in all dis- tricts except in Al, SP-1 and Sl for the following unclassi- fied uses : (a) Parking lots which conform to Article 979 • (b ) Churches . Ten percent of the parking area shall be landscaped and permanently maintained. (c) Colleges , universities, private schools, elementary and secondary public schools . Ten percent of the parking area shall be landscaped and permanently maintained. (d) Day care centers and day nurseries provided that : (1) An outdoor play area of 175 square feet per child shall be provided . Such play area shall be planted with grass and enclosed by a six (6) foot high fence . Any gate leading to such play area shall be securely fastened, or such play area shall be super- vised at all times . (2) Thirty-five (35 ) square feet of play area shall be provided within the building for each child. ( 3) Then (10 ) percent of the parking area shall be landscaped. (e) Public utility substations that do not exceed one (1) acre in total net area, excluding switchyard. (f) Private recreation areas and/or uses for the exclu- sive use by homeowners of a subdivision. (g) Rooming and/or boardinghouses except in single- 4 . family residential or low-density districts . (h) Horticulture as defined in Section 9700 . 8(2) . 9332 . UNCLASSIFIED USES SUBJECT TO A CONDITIONAL USE PERMIT. A conditional use permit may be granted in all districts except residential, Al, SP-1 and Sl for the follow- ing unclassified uses : (a) Public and quasi public uses such as private clubs or lodges , rest homes, sanitoriums , convalescent hospitals and hospitals . (b ) Airports (general aviation stage one) . (c) Heliports . (d) Amusement enterprises . (e) Transportation terminals. (f) Commercial recreation uses and/or centers excluding golf courses . (g) Golf driving range . (h) Kennels , animal hospitals or clinics . (i) Miniature golf courses . (j ) Museums . (k) Open air and/or drive-in theaters . (1) Commercial horse stables pursuant to all provisions of Article 949 . (m) Radio or television transmitters . (n) Recreational vehicle parks, subject to locational criteria as adopted by resolution of the City Council . (o) Post Offices . 9333 • DEVELOPMENT STANDARDS . Base district develop- ment standards shall be complied with provided that the Planning Commission, pursuant to Article 984, may impose more restrictive requirements . SECTION 4 . The provisions of this ordinance insofar as they are substantially the same as existing provisions of the 5 • 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 18th day of June, 1973 • ayor Pro Tem ATTEST: APPROVED AS TO FORM: 41 City Clerk City t o ey �a Ord. No. 1852 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 4th day of June 19_73_, and was again read to said City Council at a regular meeting thereof held on the 18th day of June 1912-1 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, Coen, Duke NOES: Councilmen: None ABSENT: Councilmen: Matney Pitylerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 1, Alicia M. Wentworth CITY CLERK of the City of Huntington REPO and ?x•officio Clerk of the City Council, d' h- .abr cI*fify ;hnt this ordinance has been pu`W ah,d m €h. Hunt,ngton Beach News on .................... .., y/�4�!rLf s /, 19 ._. In accorftlroe 'M. h ft) City'Charter of Said City. ............... .E TClerk t7epu City Clerk