HomeMy WebLinkAboutOrdinance #3528 ORDINANCE NO. 3528E
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY
AMENDING CHAPTER 241 THEREOF RELATING TO VARIOUS USE PERMITS
AND WAIVER OF DEVELOPMENT STANDARDS
WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington
Beach Planning Commission and the Huntington Beach City Council have held separate, duly
noticed public hearings to consider Zoning Text Amendment No. 01-04, which amends various
Sections of the Huntington Beach Zoning and Subdivision Ordinance including three sections of
SP 5 (Downtown Specific Plan) relating to permit streamlining and development processing; and
After due consideration of the findings and recommendations of the Planning
Commission and all other evidence presented, the City Council finds that the aforesaid
amendment is proper and consistent with the General Plan-
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1: That Section 241.04 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows.
241.04 Authority of Planning Commission and Zoning Administrator
The Planning Commission or the Zoning Administrator, as the case may be, shall approve or
conditionally approve applications for conditional use permits or variances upon finding that the
proposed conditional use permit or variance is consistent with the General Plan, and all
applicable requirements of the Municipal Code, consistent with the requirements of Section
241.10. The Planning Commission shall act on all variances except the Zoning Administrator
may act on variances not exceeding twenty percent deviation from site coverage, separation
between buildings, height, setback, parking, and landscape requirements.
SECTION 2: That Section 241.20 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
241.20 Temporary Use Permits
A temporary use permit authorizing certain temporary use classifications, as defined in Chapter 204
and as listed in the land-use controls for the base districts in which the use will be located, and use of
manufactured homes for temporary construction offices, shall be subject to the following provisions:
A. Application and Fee. A completed application form and the required fee shall be
submitted to the Director. The Director may request any other plans and materials
necessary to assess the potential impacts of the proposed temporary use.
B. Director. The Director shall act on temporary uses held for three or fewer
consecutive days that do not include live entertainment. The Director shall approve,
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Ord. No. 3528E
approve with conditions, or deny a complete application within a reasonable time.
No notice or public hearing shall be required for uses which are held for 3 or fewer
consecutive days. Such uses shall be approved with a temporary activity permit.
C. Duties of the Zoning Administrator. The Zoning Administrator shall act on
temporary uses held for more than three days or that include live entertainment. The
Zoning Administrator shall approve, approve with conditions, or deny a complete
application within a reasonable time.
D. Required Findings. The application shall be approved as submitted, or in modified
form, if the Director or Zoning Administrator finds:
1. That the proposed temporary use will be located, operated and maintained in a
manner consistent with the policies of the General Plan, and if located within
the coastal zone, consistent with the policies of the Local Coastal Program,
and the provisions of this chapter; and
2. That approval of the application will not be detrimental to property or
improvements in the surrounding area or to the public health, safety or general
welfare.
E. Conditions of Approval. In approving a temporary use permit, the Director or the
Zoning Administrator may impose reasonable conditions necessary to:
1. To be consistent with the General Plan and in the coastal zone to be consistent
with the Local Coastal Program;
2. Protect the public health, safety, and general welfare; or
3. Ensure operation and maintenance of the temporary use in a manner
compatible with existing uses on adjoining properties and in the surrounding
area.
F. Bond for Temporary Uses. A$500 cash bond shall be required to guarantee removal
of any structure, clean up of site upon termination of the temporary use, and to
guarantee maintenance of the property. A 51,000 cash bond shall be required for a
subdivision sales office and each model home to guarantee compliance with all
provisions of Titles 17 and 20 through 25.
G. Effective Date; Duration; Appeals. An approved temporary(conditional) use permit
shall be effective 10 days after the date of its approval, unless appealed in accord with
Chapter 248. The permit shall be valid for a specified time period not to exceed 30
days unless a longer period is granted by the Zoning Administrator. A temporary use
permit shall lapse if not used within the dates approved and may be revoked by the
Zoning Administrator effective immediately upon verbal or written notice for
violation of the terms of the permit. Verbal notice shall be confirmed by written
notice mailed to the permit holder within 48 hours. The Zoning Administrator may
approve changes in a temporary use permit.
SECTION 3: That Section 241.22 of the Huntington Beach Zoning and Subdivision
Ordinance is hereby amended to read as follows:
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Ord. No. 3528B
241.22 Waiver of Development Standards
A. Standards Which Can be Waived. The Director may waive development standards
for setbacks, open space, separation between buildings, height of buildings or fences,
site coverage and landscaping without a conditional use permit or a variance, only if
he finds that such a waiver improves project design and does not exceed 10 percent
deviation. No other standards shall be subject to this waiver provision.
B. Time Limit. A waiver shall become null and void six months after date of approval.
C. Extensions. A waiver shall not be extended for more than one year unless the
applicant demonstrates that no circumstances relevant to the approval of the waiver,
including other development in the neighborhood, have changed from the time of
approval.
D. Limitations. A waiver may not be granted if the waiver would in any way degrade
the environment or result in any changes to classification of land use or to height or
density. Also, projects not otherwise subject to discretionary review (i.e., conditional
use permit, variance, coastal development permit, or subdivision approval) may not
apply for waiver.
E. Decisions and Appeals. The Director's decision may be appealed in accord with
Chapter 248. The Director's decision shall be distributed to the City Council,
Planning Commission, and Zoning Administrator within 48 hours of such decision.
SECTION 4: This ordinance shall take effect thirty days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 7th day of January , 2002 .
ATTEST:
City Clerk Mayor
REVIEWED AND APPROVED: APPROVED AS TO FORM:
City Adms tratorr City Attorne 4ti�1��6
INITIA D AND APPROVED:
Director of Planning
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Ord. No. 3528B
STATE OF CALIFORNIA }
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 the City Council of 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 17th day of December,2001' and was again read to said
City Council at a regular meeting thereof held on the 7th day of January,2002, and
was passed and adopted by the affirmative vote of at least a majority of all the members
of said City Council.
AYES: Dettloff, Bauer, Cook, Green, Boardman
NOES: None
ABSENT: Houchen
ABSTAIN: None
I,Connie Brockway CITY CLERK of the City of
Huntington Beach and ex-ofiicio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Independent on
2002
In accordance with the City Charter of said City City Clerk and ex-officio Clerk
Connie'Brockway. City Clerk of the City Council of the City
u City Clerk of Huntington Beach, California