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HomeMy WebLinkAboutOrdinance #2687 I ORDINANCE NO. 2687 I AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING CHAPTER 981 THEREOF PERTAINING TO BOARD OF ZONING ADJUSTMENTS (Code Amendment No. 83-31 ) The City Council of the City of Huntington Beach does ordain as follows: SECTION 1. The Huntington Beach Ordinance Code is amended by amending Article 981 to read as follows: ARTICLE 981 BOARD OF ZONING ADJUSTMENTS 9810 CREATED 9810. 1 MEMBERS 9811 DUTIES 9811. 1 CONDITIONAL EXCEPTIONS 9811. 2 USE PERMITS 9811. 3 DIVISION OF LAND 9811. 4 SITE PLAN AMENDMENTS 9812 AUTHORITY 9813 APPLICATIONS 9813. 1 FILING 9813. 2 FILING FEES 9814 HEARINGS 9814. 1 TIME OF HEARING 9814. 2 NOTICE OF HEARING 9814. 3 HEARING DATE CONTINUANCE 9814. 4 FINDING OF FACT AND DECISION TIME LIMIT 9814. 5 NOTICE OF BOARD'S DECISION 9814. 6 RECORDS OF HEARINGS 9815 APPEALS 9815. 1 APPEAL BY APPLICANT OR INTERESTED PARTY TO THE PLANNING COMMISSION 9815. 2 CHALLENGE BY COMMISSION 9815. 3 REFERRAL OF APPLICATION TO PLANNING COMMISSION FOR HEARING 9815. 4 APPEAL BY APPLICANT OR INTERESTED PARTY TO THE CITY COUNCIL 9816 REVOCATION FOR DELAY 9816. 1 TIME LIMIT 9817 CHANGE OF DISTRICT CLASSIFICATION 9818 APPLICATION AFTER DENIAL 9819 EFFECTUATION 9810 CREATED. There is hereby created the Board of Zoning Adjustments in and for the City of Huntington Beach. Said Board of Zoning Adjustments is hereinafter referred to as the "Board. " ADL:ps 12/19/83 1. 9810. 1 MEMBERS. The Board shall consist of two members designated by the Director of Development Services, two members designated by the Director of Public Works, and one member desig- nated by the Fire Chief. 9811 DUTIES. The Board is hereby authorized to act on the following applications, subject to the conditions contained herein. 9811. 1 CONDITIONAL EXCEPTIONS. Conditional Exceptions which pertain to: (a) Width and area of yards (b) Separation between buildings and other structures (c ) Setback regulations (d ) Height limitations for all structures, except the height of any building shall not exceed ten percent (10% ) of the maximum building height and further provided that said adjustment will not increase the number of stories. (e ) Signs, including height, size , ground clearance and location. This provision shall be limited to on-site in commercial zones, not outdoor advertising structures. (f ) Lot adjustments, which shall be limited to minor adjust- ments in the width and area of lots on final tract maps prior to recordation of said maps. (g) Off-street parking, which shall include exceptions to Article 979 as well as the type of parking facility and the number of required parking spaces. (h) Driveway requirements (i ) Lot coverage (j ) Commercial, industrial and professional separation walls (k ) Temporary Office Trailers, including use and duration of permit and to whom said permit shall be issued. 9811 .1 . 1 Such applications may be acted upon when it appears that all of the following have been established: (a) That the granting of a conditional exception will not constitute a grant of special privilege inconsistent upon other properties in the vicinity and under an identical zone classifica- tion. (b) That because of special circumstances applicable to the subject property, including size , shape, topography, location or 2. surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classi- fication. (c ) That the granting of a conditional exception is necessary to preserve the enjoyment of one or more substantial property rights. (d) That the granting of conditional exception will not be materially detrimental to the public welfare or injurious to property in the same zone classifications. i (e ) That the granting of a conditional exception will not adversely affect the Master Plan of the City of Huntington Beach. 9811. 2 Use Permits. Use permits provided that the establish- ment, maintenance or operation of the use of building applied for will not be detrimental to: 9811. 2. 1 The general welfare of persons residing or working in the vicinity. 9811 .2. 2 Injurious to property and improvements to the vicinity of such use or building. 9811. 2. 3 That the granting of a use permit will not adversely affect the Master Plan of the City of Huntington Beach. 9811 .2.4 Time Limit. All use permit approval issued under the provision of this code shall be valid for a period of one (1 ) year from the date of such approval unless sooner revoked as provided herein. Said approval may be extended for an additional one (1 ) year period by the Board of Zoning Adjustments. No more than two (2 ) such extensions shall be granted. A written request for an extension of time shall be filed with the Planning Department prior to the expiration of the current permit. Extensions of time may be granted only if practical difficulties arise which make implementation of an approved use permit impossible within the scope of time allotted. Said projects will be reviewed under all new provisions of this code . Practical difficulties include, but are not limited to: (a) Delays caused by procuring further necessary approvals from a governmental agency. (b) Delays caused by strikes, acts of God, or other circum- stances beyond the control of the applicant. 9811 .3 Division of Land. Divisions of land that are not classified as a subdivision, provided all provisions of the Huntington Beach Ordinance Code are complied with. 3. I 9811. 3. 1 Lot Line Adjustment. A lot line adjustment between two (2 ) or more contiguous legal parcels may be permitted pursuant to provisions of the Subdivision Map Act where the land taken from one parcel is added to a contiguous parcel and where a greater number of parcels than originally existed is not created, subject to a finding that said adjustment is consistent with general and specific plans for said property, and also subject to the following criteria: (a) The lot line adjustment shall not create a nonconforming parcel. (b) The lot line adjustment shall not create a nonconforming yard requirement. (c ) The lot line adjustment shall not sever any existing structure on either of the two lots. (d) The lot line adjustment shall not allow a greater number of dwelling units than allowed by this code prior to the adjust- ment. (e ) Monuments for the newly-established corners shall be readjusted in compliance with the Subdivision Map Act. (f ) Authentic data on the bearings on the adjusted line shall be shown on a plat map which shall be certified by the city engineer prior to recordation. (g ) Said plat map shall be recorded with the county recorder prior to the issuance of a certificate of occupancy for the structure and/or structures upon subject properties. (h) If the adjustment is not made between two (2 ) contiguous parcels held under one ownership, each property owner shall certify on the plat map, prior to its recordation, that the adjustment data and his ownership are true and correct. 9811. 4 Site Plan Amendments. Amendments or revisions to site plans previously approved by the Board of Zoning Adjustments may be approved by the Board, provided the following conditions are met subsequent to the revision: (a ) The revision shall not constitute a substantial change (b) The use of property shall remain the same (c ) If residential , the dwelling unit density shall not be increased (d) The revision shall result in an improved development (e ) The revision shall comply with all applicable provisions of the Huntington Beach Ordinance Code. 4. i A site plan amendment application may be used prior to or after construction has commenced on a project. However, the approval of any revision shall not alter the original approval date. 9811. 4. 1 The approval of any amendment shall not alter the original approval date. 9811 . 5 Relocation Permits. Relocation permits, necessary for 1 p Y the moving of a building or structure , which have been referred to the Board by the Director of Building and Safety, shall be heard by the Board as an administrative act. The Board shall determine whether or not the movement of this building to its proposed location will have an injurious effect upon the area, based on the following criteria: a The age of the building, as compared to age of other ( ) 9 9• p 9 buildings in the neighborhood. (b) The architectural design of the building, as compared to other buildings in the neighborhood and its effect upon same. (c ) The size of said structure in comparison to other struc- tures in the neighborhood. i 9811. 5. 1 The Board of Zoning Adjustments, after hearing said matter, may approve, conditionally approve or deny the permit for relocation. 9811. 6 Administrative Review. Application for Administrative Review may be approved, conditionally approved or denied by the Board. 9811. 6. 1 Administrative Review -- Time Limit. All adminis- trative review approvals issued under the provisions of this code shall be for a period of one (1 ) year from the date of such issuance unless sooner revoked as provided by this code. Such one (1 ) year period may be extended for a maximum period of one (1 ) year by the Planning Director. No more than two (2 ) such exten- sions shall be granted. Written application for extension shall be filed with the Planning Director prior to the expiration of the current permit. Extensions of time may be granted only if practi- cal difficulties arise which make implementation of an approved administrative review impossible within the scope of time provided. Practical difficulties include, but are not limited to: (a) Delays caused by procuring further necessary approvals from a governmental agency. (b) Other delays beyond the control of the applicant includ- ing strikes, acts of God, or other circumstances beyond the control of applicant. I Existing administrative review approvals shall expire one (1 ) year from and after the effective date of this section and shall be subject to extensions as provided by this section. 5. 9811. 6. 2 Appeal. Appeal of the action of the Planning Director pursuant to Section 9811. 6. 1 may be made in writing to the Board of Zoning Adjustments, within ten (10 ) days of such decision. 9811. 6. 3 Record of Action. All actions of the Planning Director pursuant to Section 9811. 6. 1 shall appear on the minutes of the next regular meeting of the Board of Zoning Adjustments. 9811. 7 The Board may hear applications for sign permits pursuant to Article 976. 9812 Authority. (Board of Zoning Adjustments ) 9812. 1 In the performance of its duties, the Board may approve, conditionally approve or deny any application. 9812. 2 The Board may decline to act on any application. If the Board declines to act on an application, it shall refer said application to the Planning Commission for hearing. 9812. 3 The granting of any Tentative Parcel Map which con- forms to the provisions of the Huntington Beach Ordinance Code is hereby declared to be an administrative function of the Board and no public hearing need be held thereon. 9812.3. 1 The Board shall render a decision of any Tentative Parcel Map application within fifty ( 50 ) days after final environ- mental evaluation has been completed. 9812. 3. 2 Notice of the Board ' s decision shall be mailed to the applicant within five ( 5 ) days after such decision is rendered. 9812. 4 The Board shall prescribe the form and scope of applications and necessary accompanying data. 9812. 5 The Board may make investigations, secure advice or assistance from any department of the city and prepare plans and reports necessary for the conduct of its duties. 9813 Applications. 9813.1 Filing. Applications for conditional exceptions, administrative review, site plan amendments, use permits, and divisions of land shall be filed in the office of the Planning Division. Said applications shall be made by the owner of the property or the property owner 's authorized agent. If the appli- cant is not the property owner, a letter from the property owner authorizing the agent to act in his behalf shall accompany said application. 9813. 2 Filing Fees. At the time an application is filed, the applicant shall pay a fee set by resolution of the City Council. 6. 9814 Hearing. A public hearing shall be held by the Board prior to taking action on any conditional exception, use permit, or on any complaint filed concerning a home occupation. 9814. 1 Time of Hearing. Upon filing of an application for a conditional exception, administrative review, use permit, site plan amendment, or relocation permit, the Board shall set said applica- tion for consideration and/or public hearing within thirty ( 30 ) days after final environmental evaluation has been completed. 9814. 2 Notice of Hearing. The Board shall give or cause to be given notice of the time, place and purpose of all public hearings by mailing notices, at least five ( 5 ) working days prior to the date of such hearing to the applicant and owners of all abutting property whose names and address appear on the latest available tax roll . Abutting property shall include property directly across a street or alley. 9814. 3 Hearing Date Continuance. The Board may continue the public hearing to another date without giving further notice thereof if such date is announced at the hearing. 9814. 4 Findings of Fact and Decision Time Limit. In approv- ing, conditionally approving, or denying a conditional exception, administrative review, site plan amendment, or use permit, the Board shall make a written finding which shall specify facts relied upon in rendering a decision. Said decision shall be made within ' thirty ( 30 ) days after the public hearing. I 9814. 5 Notice of Board Decision. Notice of the Board's decision shall be mailed to the applicant within five ( 5) days after such a decision is rendered. 9814. 6 Records of Hearings. The Board shall keep accurate and permanent records of all hearings and decisions rendered. 9815 APPEALS 9815. 1 Appeal by Applicant or Interested Party to the Planning Commission. The applicant or any interested party may appeal a decision or requirement of the Board. Any appeal from a decision or requirement of the Board shall be made to the city Planning Commission. 9815. 1. 1 Time Limit. All appeals shall be made within ten ( 10 ) days following the Board's decision. 9815.1 .2 Form and Content. Any appeal shall be in writing and said appeal shall specify, in detail, the reasons for the appeal and the hearing on appeal shall be limited to such specified reasons. 7. 9815. 1. 3 Filing Place and Notification. All appeals shall be filed in the office of the Planning Department. Upon receipt of said appeal, the secretary to the Planning Commission shall set the matter for public hearing before the Planning Commission. Said hearing shall be held at the earliest possible regular Planning Commission meeting with public notification as required by Article 987. 9815. 1. 4 Filing Fee. Accompanying any appeal shall be a filing fee set by resolution of the -City Council. 9815. 5 Hearing Date Continuance. The Planning Commission may continue the public hearing to another date without giving further notice thereof if such date is announced at the hearing. 9815.1 . 6 Decision by the Planning Commission. The Planning Commission may, after public hearing, affirm, reverse, or modify the Board' s decision. Furthermore, the Planning Commission may take any additional determination or requirement it shall consider appropriate within the limitations imposed by this Article. 9815.1 . 7 Finding of Fact and Decision Time Limit. In grant- ing, modifying or denying an appeal, the Planning Commission shall specify facts relied upon in rendering a decision. Said decision shall be made within sixty ( 60 ) days after the public hearing. 9815. 1.8 Notice of Planning Commission 's Decision. Notice of the Planning Commission decision shall be mailed to the applicant within five ( 5) days after such decision is rendered. 9815. 2 Challenge by Commission. The city Planning Commission or any member thereof may request in writing, within the ten ( 10 ) day period for appeal, a hearing before the city Planning Commission to consider any decision or requirement of the Board. Said appeal shall specify in detail the reasons for the appeal and the hearing on appeal shall be limited to such specified reasons. 9815. 2.1 Notification. Any decision or requirement of the Board that is challenged by the Planning Commission or any member thereof shall be set for public hearing before the Planning Com- mission. Said hearing shall be held at the earliest possible regular Planning Commission meeting with public notification as required by Article 987. 9815. 2. 2 Hearing Date Continuance. The Planning Commission may continue the public hearing to another date without giving further notice thereof if such date is announced at the hearing. 9815. 2. 3 Decision by the Planning Commission. The Planning Commission may, after public hearing, affirm, reverse, or modify the Board 's decision. Furthermore, the Planning Commission may take any additional determination or requirement it shall consider appropriate within the limitations imposed by this article . 8. 9815. 2. 4 Finding of Fact and Decision Time Limit. In grant- ing, modifying or denying a challenge, the Planning Commission shall specify facts relied upon in rendering a decision. Said decision shall be made within sixty ( 60 ) days after such decision is rendered. N Planning Commission Decision. Notice of 9815. 2. 5 Notice of lann n omm the Planning Commission 's decision shall be mailed to applicant within five ( 5) days after such decision is rendered. 9815. 3 Referral of Application to the Planning Commission_. When the Board of Zoning Adjustments declines to act on an application, said application shall be referred to the Planning Commission. If the date, time and place a public hearing on said application to be held by the Planning Commission is announced by the Board at a public hearing, no further notice need be given. Upon receipt of the application, the Planning Commission shall hold a public hearing and consider all pertinent information and render such decision as is authorized by Division 9 of the Huntington Beach Ordinance Code. 9815.3.1 Hearing Date Continuance. The Planning Commission may continue the public hearing to another date without giving further notice thereof if such date is announced at the hearing. 9815.3 .2 Finding of Fact and Decision Time Limit. In approving, conditionally approving or denying a conditional exception or use permit, the Planning Commission shall make a written finding which shall specify facts relied upon in rendering a decision. Said decision shall be made within sixty ( 60 ) days after the public hearing. 9815. 3. 3 Notice of Planning Commission Decision. Notice of the Planning Commission 's decision shall be mailed to the applicant within five 95) days after such decision is rendered. 9815. 4 Appeal by Applicant or Interested Party to the City Council. The applicant or any interested party may appeal a decision or requirement of the Planning Commission. Any appeal from a decision or requirement of the Planning Commission shall be made to the City Council. 9815. 4. 1 Time Limit. All appeals shall be made within ten ( 10 ) days following the Planning Commission ' s decision. 9815.4.2 Form and Content. Any appeal shall be in writing and said appeal shall specify, in detail, the reasons for the appeal and the hearing on appeal shall be limited to such specified reasons. 9815. 4. 3 Filing Place and Notification. All appeals to the City Council shall be filed with the City Clerk. Upon receipt of said appeal, the City Clerk shall set the matter for public hearing before the City Council at the earliest possible regular City Coun- cil meeting with public notification as required by Article 987. 9. 9815. 4. 4 Filing Fee. Accompanying any appeal shall be a filing fee set by resolution of the City Council. 9815.4. 5 Hearing Date Continuance. The City Council may con- tinue the public hearing to another date without giving further notice thereo if such date is announced at the hearing. 9815.4 . 6 Decision by the City Council. The City Council may, after public hearing, affirm, reverse or modify the Planning Com- mission ' s decision. Furthermore, the City Council may make any additional determination or requirement it shall consider appro- priate within the limitations imposed by this article. The decision of the City Council shall be final. 9815. 4. 7 Finding of Fact and Decision Time Limit. In grant- ing, modifying or denying an appeal, the City Council shall specify facts relied upon in rendering a decision. Said decision shall be made within sixty ( 60 ) days after the public hearing. 9815.4. 8 Notice of City Council Decision. Notice of the City Council 's decision shall be mailed to the applicant within five (5 ) days after such decision is rendered. 9815. 5 Challenge by City Council. The City Council or any member thereof may request in writing, within the ten (10 ) day period for appeal , a hearing before the City Council to consider any decision or requirement of the Planning Commission or Board. Said appeal shall specify in detail the reasons for the appeal and the hearing on appeal shall be limited to such specified reasons. 9815. 5. 1 Notification. Any decision or requirement of the Planning Commission or Board that is challenged by the City Council or any member thereof shall be set for public hering before the City Council at the earliest possible regular City Council meeting with public notification as is required by Article 987. 9815. 5. 2 Hearing Date Continuance. The City Council may continue the public hearing to another date without giving further notice thereof if such date is announced at the hearing. 9815. 5. 3 Decision by the City Council. The City Council may, after public hearing, affirm, reverse or modify the decision of the Planning Commission or Board. Furthermore, the City Council may make any additional determination or requirement it shall con- sider appropriate within the limitations imposed by this article . 9815. 5. 4 Finding of Fact and Decision Time Limit. In grant- ing, modifying or denying a challenge, the City Council shall specify facts relied upon in rendering a decision. Said decision shall be made within sixty ( 60 ) days after the public hearing. 9815. 5. 5 Notice of City Council Decision. Notice of the City Council ' s decision shall be mailed to the applicant within five ( 5) days after such decision is rendered. 10. 9816 REVOCATION FOR DELAY. When a conditional exception or a use permit had not been used within a period of six (6 ) months from the date it was granted, the City Council may revoke said condi- tional exception or use permit. 9816. 1 Time Limit. Each conditional exception or use permit authorized under the provisions of this article which is not actually established or the actual construction commenced within one ( 1 ) year from the date of final approval shall become null and void. 9816. 1. 1 For the purpose of this section, actual construction means that construction has started and is proceeding without undue delay. Preparation of plans, securing financial arrangements, issuance of building permits, letting of contracts, grading of the property, or stockpiling of materials on the site shall not con- stitute actual construction. 9816. 1. 2 When any use of land, building, or premises estab- lished under the provisions of this article had been discontinued for a period of one ( 1 ) year, it shall be unlawful to use such land, building, or premises for such discontinued use unless a subsequent conditional exception or use permit is approved. 9817 CHANGE OF DISTRICT CLASSIFICATION. When any use of land, building, or premises has been established under the provi- sions of this article and there is a subsequent change in district classification that allows said use of land, building, or premises, all provisions of said district classification shall prevail and the conditional exception or use permit shall become null and void. 9818 APPLICATION AFTER DENIAL. If a conditional exception or use permit has been denied, no further application covering the same premises for the same or similar use shall be filed or considered within the period of one ( 1 ) year from the date the determination thereof became final. 9819 EFFECTUATION. No building permit shall be issued in any case where a conditional exception or use permit is required by the terms of the Huntington Beach Ordinance Code, unless and until such conditional exception or use permit has been granted. No certificate of occupancy shall be issued until all terms and conditions of such conditional exception or use permit have been completed or fulfilled. SECTION 2. This ordinance shall take effect thirty days after its adoption. 11. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of April 1984. Ila ATTEST: APPROVED AS TO FORM: City Clerk �Z _L� City Attorney .- REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator 414re�ctor�o-f Development Services 12. Ord. No. 2687 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 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 2nd day of April 19 84, and was again read to said City Council at a regular meeting thereof held on the 16th day of April 2 19 84 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Pattinson. MacAllister, Thomas , Kelly, Finley Bailey, Mandic NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 1, Aiicia M. Wentworth CITY CLERK of the City of Huntington Beach and ex-officio Clark of the City Council, do hereby certify that a synol*s of this ordinance has been published in the Huntington Seach Independent on .........................a.,..::....P�a...�P.,..', IA...��L ..... to accprclante with the City Charter of sa:d ;;;y. ALICIA M. WENTWORTH .......................1..................I.................... .Cl.er k ....mrr............. d!....,y.:............................. .............. Deputy City Clerk