HomeMy WebLinkAboutOrdinance #2199 ORDINANCE N0 . 2199
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY ADDING THERETO ARTICLE 964 ENTITLED, "QUALI-
FIED CLASSIFICATION"
The City Council of the City of Huntington Beach does
ordain as follows :
SECTION 1. The Huntington Beach Ordinance Code is hereby
amended by adding thereto Article 964 entitled "Qualified
Classification" to read as follows :
ARTICLE 964
QUALIFIED CLASSIFICATION
9640. QUALIFIED CLASSIFICATION CHANGE OF ZONE. Where a
rezoning of property is requested by the property owner, pro-
vision may be made in a zoning ordinance that the property
not be utilized for all the uses ordinarily permitted in a
particular zone classification and/or that the development
of the site shall conform to certain specified standards , if
such limitations are deemed necessary to protect the best
interest of the community and assure a development more com-
patible with the surrounding property or neighborhood, to
secure an appropriate development in harmony with the objectives
of the General Plan or to further mitigate potential adverse
effects upon the environment . Where such limitations are deemed
necessary the zoning ordinance may, instead of immediately and
finally rezoning the property, place it in a qualified rezoning
classification. The qualified classification shall be deemed
to be a temporary classification and shall be indicated by the
symbol "Q" in parentheses preceding the proposed zoning desig-
nation until such time as the rezoning proceedings shall be
either completed or terminated as hereinafter provided.
9641. USES PERMITTED. While property remains in a qualified
classification, whether temporary or permanent, it may be used
for any of the uses permitted in such zone prior to the imposi-
tion of a qualified classification on such zone unless said use
or uses are prohibited in the zone to which the property is
being changed, or for such uses and subject to such limitations
as are specified in the qualified zone to which the property is
being changed. Prior to the issuance of permits for the con-
struction of buildings or structures authorized by reason of
the qualified zone enactment, the project or use must be sub-
JOC:er 1.
mitted to and approved pursuant to Division 9 and be in full
compliance with all limitations and standards set forth in such
qualified classification ordinance.
9642 . CERTIFICATE OF OCCUPANCY. Property shall remain in
the temporary qualified classification for the period of time
hereinafter provided or until a certificate of occupancy shall
have been issued, or if no certificate of occupancy is required,
a use established in compliance with all provisions of the
Huntington Beach Ordinance Code for one or more of the uses
permitted by such qualified zone ordinance. Upon issuance of
a certificate of occupancy or establishment of such use, the
qualified classification shall no longer be considered to be
temporary, and the new zone designation shall become finally
effective and shall be placed on the appropriate city records
with the symbol "Q" a permanent part of the symbol designation.
All applicable limitations and/or standards within the qualified
zone ordinance shall thereafter be considered to apply permanently
to the specific uses.
9463. TIME LIMIT. Whenever property remains in a qualified
classification for a period of eighteen (18) months after the
effective date of the qualified classification ordinance with-
out substantial physical development of the uses permitted there-
in having taken place within such time, or if the Commission
determines that such development is not thereafter continuously
and expeditiously carried on to completion or, if no physical
development is necessary, without having been used for one or
more of the purposes permitted thereby, such qualified classi-
fication rezoning proceedings shall be terminated and the zoning
in effect prior to said qualified classification proceedings
shall be restored. Provided, however, the Commission may extend
such period of time for an additional period not to exceed two (2)
.years prior to the termination date of such period if written
application is filed at least thirty (30) days before such
termination setting forth the reasons for requesting such ex-
tension, and the Commission finds that under the applicable facts
such property could not reasonably have been developed or utilized
within such period of time . Immediately after termination, as
provided herein, the property thereafter may only be utilized
for those purposes permitted by the prior zoning. Notwithstanding
any other provisions of this code to the contrary, no public
hearings need be held nor further notice given as a requisite
to the termination of the (Q) qualified classification and the
restriction of the property to its previously permitted uses .
The Planning Commission shall initiate General Plan Amendment
proceedings, if necessary, of the property within a reasonable
time after such termination as provided herein.
9644 . REMOVAL OF BUILDINGS . In the event that buildings or
structures designed for occupancy by uses which were not permitted
prior to the qualified classification are located on property
I
2.
on which the qualified classification is terminated, such
buildings or structures shall be completely removed forth-
with by the owner at his own expense, unless their design is
altered in full compliance with all applicable regulations for
uses permitted prior to such qualified classification.
SECTION 2. This ordinance shall take effect thirty
days after the date of 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 20th
day of June, 1977 .
6_Z2:
ATTEST: Mayor
City Clerk
REVIEWED AND APPROVED: APPROVED AS TO FORM:
_l
City Administrator City tto ne
TNITIA AND APPROVED A 0 CONTENT:
i
3.
Ord. No. 2199
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, 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 member$ 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 .6th day of June
1977 , and was again read to said City Council at a regular
meeting thereof held on the 20th day of June 19 77 and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Bartlett, Coen, Gibbs, Siebert, Shenkman, Pattinson
NOES: Councilmen:
Wieder
ABSENT: Councilmen:
None
City Clerk 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
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