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HomeMy WebLinkAboutOrdinance #2899 ORDINANCE NO. 2899 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING EXISTING ARTICLE 981, AND ADDING THERETO NEW ARTICLE 981, ENTITLED, "ZONING ADMINISTRATOR" The City Council of the City of Huntington Beach does ordain as follows : SECTION 1 . The Huntington Beach Ordinance Code is amended by repealing existing article 981 and adding thereto new Article 981 entitled "Zoning Administrator . " ARTICLE 981 S. 9810 ZONING ADMINISTRATOR APPLICATIONS AND GENERAL PROCEDURES S. 9811 DUTIES S. 9811.1 CONDITIONAL EXCEPTIONS S. 9811.2 USE PERMITS S. 9811.3 TENTATIVE PARCEL MAPS S. 9811.3.1 LOT LINE ADJUSTMENT S. 9811.4 SITE PLAN AMENDMENTS S. 9811 .5 RELOCATION PERMITS S. 9811.6 ADMINISTRATIVE REVIEW S. 9812 AUTHORITY S. 9813 APPLICATIONS S. 9813 .1 FILING S. 9813.2 FILING FEES S. 9814 HEARINGS S. 9814.1 TIME OF HEARING S. 9814 .2 NOTICE OF HEARING S. 9814.3 HEARING DATE CONTINUANCE S. 9814 .4 FINDINGS OF FACT AND DECISION TIME LIMIT S. 9814 .5 NOTICE OF ZONING ADMINISTRATOR'S DECISION S. 9814 .6 RECORDS OF HEARINGS S. 9815.4 APPEAL BY APPLICANT OR INTERESTED PARTY TO THE PLANNING COMMISSION AND THEREAFTER TO CITY COUNCIL S. 9816 REVOCATION FOR DELAY S. 9816 .1 TIME LIMIT S. 9817 CHANGE OF DISTRICT CLASSIFICATION S. 9818 APPLICATION AFTER DENIAL S. 9820 EFFECTUATION S. 9810 ZONING ADMINISTRATOR. The position of Zoning Administrator is hereby created and shall have the authority to act on a matter requiring an application specified in thiarticle . Whenever in this code, the Huntington Beach Municipal Code, or any resolution adopted by the City Council, reference is made to the Board of Zoning Adjustments, such reference shall mean the Zoning Administrator . 1 . S. 9811 DUTIES. The Zoning Administrator is hereby authorized to act on the following applications, subject to the conditions contained herein. S. 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 (10 ) percent of the maximum building height and further provided that said adjustment will not increase the number of stories. (e) Off-street parking, which shall include exceptions to Article 960 as well as the type of parking facility and the number of required parking spaces . (f) Driveway requirements (g) Lot coverage (h) Commercial, industrial and professional separation walls. ( 1190 ) ( i ) Temporary uses and structure S. 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 classification. (b) That because of special circumstances applicable to the subject property, including size, shape, topography, location or 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 classification. (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 . 2 . (e) That the granting of a Conditional Exception will not adversely affect the General Plan of the City of Huntington Beach. (1190 ) S. 9811 .2 USE PERMITS. Use permits provided that the establishment, maintenance or operation of the use of building applied for will not be detrimental to: S. 9811.2 .1 The general welfare of persons residing or working in the vicinity. S. 9811.2 .2 Injurious to property and improvements to the vicinity of such use or building. S. 9811.2 .3 That the granting of a Use Permit will not adversely affect the General Plan of the City of Huntington Beach. S. 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 Zoning Administrator . No more than two (2 ) such extensions shall be granted . A written request for an extension of time shall be filed with the Department of Development Services prior to the expiration of the current permit . Such request shall be forwarded to the Zoning Administrator with such recommendation as may be deemed appropriate. 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 circumstances beyond the control of the applicant . (2340-1/79 ) S. 9811.3 TENTATIVE PARCEL MAPS Tent. Parcel Maps that are classified as a subdivision having four (4 ) or less parcels, provided all provisions of the Huntington Beach Ordinance Code are complied with. (1190, 1242 ) S. 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 . 3 . (b) The lot line adjustment shall not create a nonconforming yard requirement . (2340-1/79 ) (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 adjustment . (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 compliance 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 . (2311-1/79 ) S. 9811.4 SITE PLAN AMENDMENTS. Amendments or revisions to site plans previously approved by the Zoning Administrator or prior Board of Zoning Adjustments may be approved, provided the following conditions are met subsequent to the revision: ( 2687-5/84 ) (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. 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. ( 1200, 2631-8/83 ) 4 . S. 9811 .5 RELOCATION PERMITS. Relocation Permits, necessary for the moving of a building or structure, which have been referred to the Zoning Administrator by the Building Official, shall be heard by the Zoning Administrator as an administrative act . The Zoning Administrator 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 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 structures in the neighborhood. S. 9811.5.1 The Zoning Administrator, after hearing said matter may approve, conditionally approve or deny the permit for relocation. ( 1252 ) S. 9811.6 ADMINISTRATIVE REVIEW. Application for Administrative Review may be approved, conditionally approved or denied by the Zoning Administrator . ( 1335 ) S. 9811.6 .1 Administrative Review. Time Limit. All administrative 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 Zoning Administrator . No more than two (2 ) such extensions shall be granted . Written application for extension shall be filed with the Department of Development Services 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 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 including strikes, acts of God, or other circumstances beyond control of applicant . 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. ( 1950-12/74 ) S. 9812 AUTHORITY. ( Zoning Administrator ) 5 . S. 9812. 1 In the performance of duties, the Zoning Administrator may approve, conditionally approve or deny any application. S. 9812.2 The Zoning Administrator may decline to act on any application and shall refer said application to the Planning Commission for hearing. ( 1504) S. 9812.3 The granting of any Tentative Parcel Map which conforms to the provisions of the Huntington Beach Ordinance Code is hereby declared to be an administrative function of the Zoning Administrator and no public hearing need be held thereon. (2273-5/78 ) S. 9812.3 .1 The Zoning Administrator shall render a decision of any Tentative Parcel Map application within fifty (50 ) days after final environmental evaluation has been completed . (2273-5/78 ) S. 9812.3.2 Notice of the Zoning Administrator ' s decision shall be mailed to the applicant within five (5 ) days after such decision is rendered . S. 9812.5 The Zoning Administrator may make investigations, secure advice or assistance from any department of the City and prepare plans and reports necessary for the conduct of duties . To this end the City Administrator shall establish an administrative advisory committee with representation from such operating departments as may to him seem advisable. Said Advisory Committee shall set with the Zoning Administrator and provide such advise and information as may be required. S. 9813 APPLICATIONS. S. 9813. 1 FILING. Applications for conditional exceptions, administrative review, site plan amendments, use permits, and tentative parcel map shall be filing in the Department of Development Services . Said applications shall be made by the owner of the property or the property owner ' s authorized agent. If the applicant is not the property owner, a letter from the property owner authorizing the agent to act in his behalf shall accompany said application. ( 1200, 1242 , 1294, 2687-5/84 ) S. 9813.2 FILING FEES. At the time an application is filed, the applicant shall pay a fee set by resolution of the City Council . ( 2441-8/80 ) S. 9814 HEARING. A public hearing shall be held by the Zoning Administrator prior to taking action on any conditional exception, use permit, or on any complaint filed concerning a home occupation. ( 1200, 1602-9/70 , 2687-5/84) 6 . i S. 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 Zoning Administrator shall set said application for consideration and/or public hearing within twenty (20 ) days after final environmental evaluation has been completed. (2273-5/78 , 2687-5/84 ) S. 9814 .2 NOTICE OF HEARING. The Zoning Administrator 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. S. 9814.3 HEARING DATE CONTINUANCE. The Zoning Administrator may continue the public hearing to another date without giving further notice thereof if such date is announced at the hearing. S. 9814.4 FINDINGS OF FACT AND DECISION TIME LIMIT. In approving, conditionally approving, or denying a conditional exception, administrative review, site plan amendment, or use permit, the Zoning Administrator shall make a written finding which shall specify facts relied upon in rendering a decision. Said decision shall be made within ten (11 ) days after the public hearing. (2687-5/84 ) S. 9814 .5 NOTICE OF ZONING ADMINISTRATOR DECISION. Notice of the Zoning Administrator ' s decision shall be mailed to the applicant within ten ( 10 ) days after such a decision is rendered. (2687-5/84 ) S. 9814.6 RECORDS OF HEARINGS. The Zoning Administrator shall keep accurate and permanent records of all hearings and decisions rendered . S. 9815.4 APPEAL BY APPLICANT OR INTERESTED PARTY TO THE PLANNING COMMISSION AND THEREAFTER TO CITY COUNCIL. The applicant or any interested party may appeal a decision or requirement of the Zoning Administrator. Any appeal from a decision or requirement of the Zoning Administrator shall be made to the Planning Commission and City Council thereafter . All provisions of this section referring to the appeal procedure of the Planning Commission shall apply to the appeal thereafter made to the City Council . A. CHALLENGE. The Appeal Body or any member thereof may request in writing, within the ten ( 10 ) day period for appeal, a hearing before the Appeal Board to consider any decision or requirement made on an item. Said appeal shall specify in detail the reasons for the appeal and the hearing on appeal shall be limited to such specified reasons. (1865-11/73 ) 7 . S. 9815.4 .1 TIME LIMIT. All appeals shall be made within ten (10 ) days following the Zoning Administrator 's decision. S. 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. ( 1865-11/73 ) S. 9815.4.3 FILING PLACE AND NOTIFICATION. All appeals to the Planning Commission shall be filed with the Department of Development Services and thereafter with the City Clerk . Upon receipt of said appeal, the item shall be set for public hearing before the Planning Commission and thereafter City Council at the earliest possible regular meeting with public notification as required by Article 987. S. 9815.4 .4 FILING FEE. Accompanying any appeal shall be a filing fee set by resolution of the City Council. (2441-8/80 ) S. 9815.4.5 HEARING DATE CONTINUANCE. The Public Hearing may be continued to another date without giving further notice thereof if such date is announced at the hearing. S. 9815 .4 .6 DECISION BY THE APPEAL BODY, The Appeal Body may, after public hearing, affirm, reverse or modify the Zoning Administrator 's decision. Furthermore, the Appeal Body may make any additional determination or requirement it shall consider appropriate within the limitations imposed by this Article. The decision of the City Council shall be final . S. 9815 .4.7 FINDING OF FACT AND DECISION TIME LIMIT. In granting, modifying or denying an appeal, the Appeal Body shall specify facts relied upon in rendering a decision. Said decision shall be made within sixty (60 ) days after the public hearing. S. 9815.4 .8 NOTICE OF APPEAL BODY DECISION. Notice of the Appeal Body' s decision shall be mailed to the applicant within five (5 ) days after such decision is rendered. S. 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 Conditional Exception or Use Permit. S. 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. 8 . S. 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 stock piling of materials on the site shall not constitute actual construction. (2687-5/84 ) S. 9816.1.2 When any use of land, building, or premises established 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. S. 9817 CHANGE OF DISTRICT CLASSIFICATION. When any use of land, building, or premises has been established under the provisions 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. S. 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. NO FURTHER TEXT ON THIS PAGE 9 . S. 9820 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. PASSED AND ADOPTED by the City Council of the City of adjourned Huntington Beach at anregular meeting thereof held on the 20th day of May , 1987 . or ATTEST: APPROVED AS TO FORM: City Clerks City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administr or Director of Development Services 10 . _ Ord. No. 2899 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 4th day of May 19 87 , and was again read to said City Council at a regular adjourned meeting thereof held on the 20th day of May , 19 87 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Mays, Kelly, Erskine, Green NOES: Councilmen: Winchell, Finley ABSENT: Councilmen: Bannister City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California {, Alicia M. Wentworth CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council. do hereby certify that a synopsis of this ordinance has been published in the - �onaa�� In accordance with the City Cha,:c.* ,: -a L ty. AL'ICIA M. WENTWORTH 64 City Clerk Deputy City Clerk