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Home My WebLink AboutOrdinance #3112 4Jr ORDINANCE NO. 3112 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING ARTICLE 985 OF THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9853 RELATING TO APPOINTMENT OF MEMBERSHIP AND AMENDING OTHER SECTIONS RELATING TO LANGUAGE CLARIFICATIONS (CODE AMENDMENT NO. 91-3) OF THE DESIGN REVIEW BOARD WHEREAS, pursuant to the State Planning and Zoning Law, the Huntington Beach Planning COmmission and Huntington Beach City Council have had separate public hearings relative to Code Amendment No . 91-3 wherein both bodies have carefully considered all information presented at said hearings; And, after due consideration of the findings and recommendations of the Planning Commission and all evidence presented to City Council , the City Council finds that such code amendment is proper, and consistent with the General Plan, NOW THEREFORE, the City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Ordinance Code, Article 985 is hereby amended by changing Section 9851, Duties, to read as follows : 9851 . Duties . The duties of the Board shall include the following : a. Encourage, guide and recommend attractive aesthetically and harmonious, compatible development projects within designated areas of the city through the process of design review. b. Review, make recommendations or take final action on the proposed design of any project to be constructed, altered or modified in areas designated Civic Facilities (CF) , Civic District (CD) , Redevelopment Survey and Project Areas, the Downtown Specific Plan and/or other areas so designated by the City Council . C. Recommend to the Director, Zoning Administrator, Planning Commission and/or City Council either approval, conditional approval or denial of any design review application. SECTION 2 . The Huntington Beach Ordinance Code Article 985 is hereby amended by changing Section 9852, Appeals, to read as follows : 1 9852 Appeals . Any action of the Board rendered when acting as a decision making body, may be appealed to the Planning Commission as provided in this code. Any action of the Board rendered when action on a request from the Zoning Administrator, the Planning Commission, or the City Council, may be appealed to the body originating the request as provided by this code. SECTION 3 . The Huntington Beach Ordinance Code Article 985 is hereby amended by changing Section 9853 Appointment, Composition and size of membership, to read as follows : 9853 Membership. The Board shall be composed of five (5) members appointed by and responsible to the City Council . The membership shall consist of one (1) City Council Member with an alternate City Council Member, one (1) Planning Commissioner with an alternate Commissioner, one (1) City resident with an alternate City resident, the Community Development Director, and the Public Works Director or their designee. SECTION 4 . The Huntington Beach Ordinance Code Article 985 is hereby amended by changing Section 9853 . 1, Terms of Office, to read as follows : 9853 . 1 Terms of Office. The terms of office shall be for four (4) years except in the case of a City Council or Planning Commission member. Their terms shall expire no later than the day they cease to be either a member of the City Council or Planning Commission. SECTION 5 . The Huntington Beach Ordinance Code Article 985 is hereby amended by changing Section 9853 .2 , Bylaws, to read as follows : 9853 . 2 , Byl was . The Board shall adopt bylaws and rules as it deems necessary for the selection of its officers, the time and place of its meetings and such other matters relative to its work and administration of its duties which are not otherwise provided for by statute, ordinance or resolution. SECTION 6 . The Huntington Beach Ordinance Code Article 985 is hereby amended by changing Section 9853 .3, Secretary, to read as follows : 9853 .3 , Secretary. The Director of the Department of Community Development, or a person so designated by the Director, shall serve as secretary to the Design Review Board without the power to vote. The Board may request any officer or employee of the City for assistance to the Board. SECTION 7 . The Huntington Beach Ordinance Code Article 985 2 is hereby amended by deleting Section 9853 . 5, Advisors and Assistants to the Board. SECTION 8 . The Huntington Beach Ordinance Code Article 985 is hereby amended by changing Section 9854, Design Review by Application, to read as follows : 9854 . Application. Prior to the issuance of any permits, a project within an area designated for design review shall first submit an application to the Department. The Board shall act on all applications within thirty (30) days of submittal . SECTION 9 . The Huntington Beach Ordinance Code Article 985 is hereby amended by changing Section 9854 . 1, Design Criteria for Approval, to read as follows : 9854 . 1. Design- Criteria. The Board shall utilize the following design criteria in the review of applications : (a) The architectural and landscape design of a project must integrate harmoniously with the existing or planned character of the immediate neighborhood. (b) The design must be compatible in scale and aesthetic treatment with existing and proposed public and private developments within reviewed areas of the City. (c) The design must not detract from the desirability and/or aesthetic quality of the immediate neighborhood. (d) The design must avoid extremes of dissimilarity or monotony in order to prevent depreciation in property appearance and value. Section 10 . The Huntington Beach Ordinance Code Article 985 is hereby amended by changing Section 9854 .2, Design Factors to be Considered in Applying Design Criteria, to read as follows : 9854 .2 Design Factors . The Board shall consider the I following design factors in applying the above criteria to a project proposal . (a) Height, location, bulk, area, materials, colors, type and variations in any structure, facility, landscaping or architectural feature so considered. (b) Site layout, orientation and relationship to open areas, topography and existing or proposed structures in the surrounding neighborhood. (c) Sign design and its relation to the proposed use and surrounding neighborhood. 3 (d) The probable useful life of other structures on the site and in the immediate area . (e) Relation of the proposed use to other existing and proposed facilities . (f) All applicable provisions of this code. SECTION 11 . The Huntington Beach Code, Article 985 is hereby amended by adding Section 9584 .3 , Design Review Board Guidelines to read as follows : 9584 . 3 Design Review Board Guidelines . The Board shall implement any adopted design guidelines as necessary in order to facilitate the administration of its duties - provided in this Article. SECTION 12 . This ordinance shall take affect thirty days after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 20th day of May 1991. , Mayor ATTES APPROVED AS TO FORM: a City Clerk r2 amity AttorneyC �*E�WEDNDPPR V D: TNIT D AN APPROVED: �G w�, City A ministrator Director, Community Development 4 Ord. NO. 3112 STATE fl• CALIFORNIA ' - .,�AT� ..f ) COUNTY OF ORANGE ` ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of th^ 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 therof held on the M day of May I 19 91 and was again read t0 said City Council at a regular is wee t i ng them i held on the j(} b Qay cif May , 19 91_, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council . AYES: Councilmembers: MacAllister, Silva, Green, Kelly, Robitaille NOES: Councilmembers: Winchel.l, Moulton-Patterson ABSENT: Councilmembers: None t,'C id CM CLERK dt tte QY O �z Clem at s cff#� C t,do herby cep that a sY pe VMM10 ow pubfigW in the CDW1 P1110 City Clerk an.d ex-offir. o Clerk t9 of the City Council of the City Z��M "rofsaldCily. of Huntington Beach, California ; ckvi C' Ole*- a cox