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HomeMy WebLinkAboutSeasonal Parking Lot Regulation - Code Amendment 84-2 - Amen ,, G� IN THE Superior Curt OF THE STATE OF CALIFORNIA In and for the County of Orange CITY OF HUNTINGTON REAPHe CITY CLERK PROOF OF PUBLICATION URGENCY ORDINANCE 2693 --— URGENCY ORDINANCE NO.2693 AN URGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING_ State of California THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9730M County of Orange )ss AND BY ADDING SECTIONS 9730.57,AND 9730A PERTAINING TO SEASONAL PARKING LOTS I The City Council s of the City of Huntington Beach does ordain as follow , SECTION 1.The Huntington Heacif Ordinance Code is amended by amending R I TA. J. R I C HTER section 9730.56 to lead as fellows . 9730.56 SEASONAL PARKING LOTS.Seasonal parking Iota may be permitted from Memorial Day through the third weekend in September within one thousand That I am and at all times herein mentioned was a citizen of (1,000)"yards of the mean high tide line of the Pacific Ocean fora maximum of five(5) the United States,over the age of twenty-one years,and that I successive summer seasons,subject to annual approval of an administrative review application by the Board of Zoning Adjustments.Any seasonal parking lots which has am not a party to,nor interested in the above entitled matter; operated for two consecutive summer seasons may thereafter be required by tAe Board that I am the principal clerk of the printer of the to conform to'the requirements set out in this article for temporary cotgmercial parking lots.The following standards shall apply to seasonal parkkm' �lots: (1)Boundaries of such lots shall be marked off and securimol chain or cable, HUNTINGTON BEACH IND. REVIEW with posts,a minimum,of three(3)feet in height,solidly built.At a minimum, posts shall consist of 4"x 4"wood or equivalent metal posts a minimum of,one and a newspaper of general circulation,published in the City of one-half(1.1/2)inches in diameter securely set in the ground and placed eight(8) g P y feet on center.The posts shall be connected with et least one(1)strand of one-half' ` (1/2) inch cable or chain securely fastened to each post.An opening,shall be ! HUNTINGTON BEACH provided to accommodate vehicle access during business hors.A means of closing and locking of the access opening after business hours shall be provided. (2) All aisle dimensions,bay depths,driveway widths,circulation and turning County of Orange and which newspaper is published for the radii;shall comply with Article 979 herein and Fire Department requirements. disemination of local news and intelligence of a general charac- Median lines of parking bays shall be marked off by a physical bamer,such as concrete wheel bumpers,telephone poles or equivalent ter, and which newspaper at all times herein mentioned had (c)Lots shall be surfaced to meet minimum specifications as established by the and still has a bona fide subscription list of paying subscribers, Public works,Fire,and Development Services Department for support ofwehiclea and to provide dust control. and which newspaper has been established, printed and pub- (d) The site shall be maintained in a clean condition,free from trash and debris. lished at regular intervals in the said County of Orange for a Trash containers shall be placed on the site sufficient to accommodate snd;Store all period exceeding one year; that the notice, of which the trash that accumulates on the lot. _ (e) Lots shall be secured to prevent overnight between the,clueing hour annexed is a printed copy, has been published in the regular on one business day and the opening hour the fol owing business day. and entire issue of said newspaper,and not in any supplement (f) An attendant shall be on duty at all times during business hours. .. thereof,on the following dates,to wit (g) Directional and informational sign.shall be displayed onsite to,provide g identification of entry into the parking lot and charges for parking end,boura of operation.Such signs shall be oca at the entrance in a copy size,visible to motorists entering the parking lot.Onsite signs shall not exceed twelve(0)square feet and shall not be more than eight(8)feet high,no lees than six(6).feet high. May ��9 198� Said signs shall be removed from the site each season no later than the thud weekend each September. , i (h) An approved fire extinguisher shall be,provided on the premi¢es during business hours. (i) A certificate of insurance for combined single limit bodily in and/or and/or property damage includm% products liability m-the amount of E300000 per Joecumnce shell be.filed with the Department of Administrative Services, (j)A hold harmless agreement holding the city harmless shall also be fil with the Department of Administrative Services. SECTION 2. The Huntington Beach Ordinance Code is amended by"adding I certify(or declare)"under penalty of perjury that the forego- i Section 9730.57 read as follows: ing is true and correct. 9730.57 SEASONAL PARKING LOU.CONFORMANCE TO STANDARDS PRIOR TO PERMIT.REVOCATION OF PERMIT GARDEN GROVE Subsequent to approval of an application for a seasonal parking lot by thg Board Dated at................................................ lof Zoning',Adjustmenta,the applicant shall meet all standards;requiremepts,and .. install all improvements.The parking lot shall be then inspected and approved by the 84 city prior to issuance of Certificate to Operate. California,this .171h.day of ...MBSf...19........ The Board of Zoning Adjustments may revoke an administrative review applies• tion approval and the Certificate to Operate for a seasonal perking lot when the permittee fails to comply with standards and conditions set forth herein. Rita J. Richter SECTION 3.The Huntington Beach Ordinance Code is amended by adding ....................................................... section 9730.80 to read as follows 9730.80 CERTIFICATE TO OPERATE Signature (a) Operation of any temporary, provisional or seasonal business;oi,use of grt property,which does not require a Certificate of Occupancy,is prohibited and a business license will not be issued until.a Certificate to Operate is issued by the Director. (b)After final inspection when it is found that the operation of a business or use of a property complies with the provisions of this code and other applicable laws,the l Director shall issue a Certificate to Operate which shall contain the fo❑owing:�+ (1) The address or location of the business or property. i Sq— (2)The name and address of the property owner. f (3)The name and address of the business operator. (4) A description of the business or use of the property. (5)A statement that the business or use complies with the requirements of.this. code. I (6) Signature of the Director or his duly authorized representative.- I (7) The dates and/orperind of time during which the certificate is valid. (8) CERTIFICATE TO OPERATE FEE.Whenever en application is madi for a Certificate to Operate,a processing fee for the Certificate of.Occupancy men (M2 .....,......e.,..,�.re�h.,.ma..H..,..d#hu rlty r onpil shall ha raid to the City. IN THE Superior Court OF THE o STATE OF CALIFORNIA In and for the County of Orange .CITY OF HUNTINGTON BEACH+ CITY CLERK P F OF PUBLICATION Public Hearing 84-2 State of California 1 - — -- NG County of Orange )ss ��P�,,lDI-_E MENDMENTNNOA U-2 REGULATION OF SEASONAL PARKING LA7S R I TA J. R I C HTER NOTICE IS HEREBY GIVEN that a d publi hearing will be held by the City Councc il of the City of Huntington Beach, That I am and at all times herein mentioned was a citizen of in the Council Chamber of the Civic Cen- the United States,over the age of twenty-one years,and that I ter,Huntington Beach,at the hour of 7:30 .c' am not a art to,nor interested in the above entitled matter; P.M.,or as soon thereafter , possible on party i. Monday the 7th day of May,1954 for the , that I am the principal clerk of the printer of the purpose of considering Code Amendment No.84-2,,Regulation of Seasonal Parking Lots, e HUNTINGTON BEACH IND. REVIEW ,an meedmethto Article 973 Gen- _ _ eral Provisions,of the Huntington Beach Ordinance Code by amending Section VIAa newspaper of general circulation,published in the City of �I 9730.56(Seasonal Parking Ldta)and add- ing Section 9730.57 (Seasonal Parking Lots,Conformance to Standards Prior to Permit-Revocation of Permit)and,Sec- HUNTINGTON BEACH 0 tion9730.80(Certificate toOperate). Additional information*on file in the County of Orange and which newspaper is published for the I Department of Development Services. disemination of local news and intelligence of a general charac- ( All interested persons are invited to ter, and which newspaper at all times herein mentioned had attend said hearing end eo their opinions for.or against said Codee Amend- and still has a bona fide subscription list of paying subscribers, went. and which newspaper has been established, printed and pub- Further information may be obtained from the Office of the City Clerk,,2000 lished at regular intervals in the said County of Orange for a Main Street,Huntington Beach,Califor- period exceeding one year; that the notice, of which the nis.92648-(714)536-5227. /94 annexed is a printed co has been published in the regular DATED 4/F H P PR P !� CITY OF HUNTINGTON BEACH and entire issue of said newspaper,and not in any supplement By.Alicia M.Wentworth thereof,on the following dates,to wit: U City Clerk ub.Apr.26,1984 •Hunt.Beach Ind.Rev.#35949 April 269 1984 I certify(or declare)under penalty of perjury that the forego- ing is true and correct. Dated at..................GARDEN GROVE............ 84 fornia,this_..;RWdayof .Ap.ril..Is........ h�G? its J. Richter Signature Cole oTWA^404&- Form No.POP 92082 • r CITY OF HUNTINGTON BEACH <«? COUNCIL - ADMINISTRATOR COMMUNICATION CA 84-19 HUNTINGTON!EACH To Honorable Mayor and From Charles W. Thompson, City Councilmembers City Administrator Subject URGENCY ORDINANCE - Date AOil 99 1984 SEASONAL PARKING LOTS In 1983, the city experienced a number of problems with the regulation of seasonal parking lots. Therefore, staff prepared a code amendment (Code Amendment No. 84-2) which is intended to provide the city with better development standards for seasonal parking lots. The amendment modifies the length of time seasonal parking lots can be operated, estab- lishes a requirement for annual approval, and creates additional standards for the parking. lots. Code Amendment No. 84-2 also establishes a new section creating a "Certificate to Oper- ate." The certificate will be required for all seasonal parking lots as well as all other temporary, provisional, or seasonal businesses or uses of property which do not require a Certificate of Occupancy. The code amendment has been prepared; however, unavoidable delays in the review proc- ess have been experienced. In order to avoid any of the situations which occurred last year, the City Council should act on an urgency ordinance for seasonal parking lots at its May 7, 1984, meeting which will become effective immediately. Realizing 'the limited duration of an urgency ordinance, the staff will continue to process the code amendment through the normal process and schedule a public hearing at the May 7th Council meeting for the regular ordinance which will not become effective until 30 days after the second reading (June 21, 1984). This procedure will also;allow Council the benefit of public notice and public hearing input while considering the urgency ordinance; public notice is not required for urgency ordinances. Pursuant to Section 501 of the City Charter, an emergency ordinance may be pre- pared in order to protect the public health, safety, and welfare in relationship to regula- ting a seasonal parking lot use., The primary issues of public concern are dust and traffic control, litter and debris, maintenance, and neighborhood security. Respectfu y submitted, rles W. T mpson, City Administrator CWT/JC:pj xc: Director of Development Services , �l - REQUES r FOR CITY COUNCIL ACTION April 5, 1984 Date Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administrator Prepared by: James W. Palin, Director of Development Services Subject: CODE AMENDMENT NO. 84-2 : REGULATION OF SEASONAL RKING LOTS. o� 6q I + Ze5"-S37Z_- Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Transmitted for the City Council' s consideration is Code Amendment No. 84-2, establishing new regulations for seasonal parking lots and establishing a _Certificate to Operate procedure. Also transmitted is a Resolution establishing a $25. 00 fee-.for the certificate. RECOMMENDATION: The Planning Commission and the Department of Development Services recommend that the City Council approve Code Amendment No. 84-2 and adopt the attached ordinance and resolution. ANALYSIS : Applicant: City of Huntington Beach Location: City-wide Request: An amendment to Article 973 , Miscellaneous Pro- visions, Section 9730. 56 , Seasonal Parking Lots , Section 9730. 57 , Seasonal Parking Lots, Conformance to Standards Prior to Permit, Revocation of Permit, Section 9730. 80 and 9730 . 81 , Certificate to Operate, of the Huntington Beach Ordinance Code. Planning Commission Action on March 6, 1984 : ON MOTION BY HIGGINS AND SECOND BY LIVENGOOD. CODE AMENDMENT NO. 84-2 WAS APPROVED AS AMENDED AND RECOMMENDED TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Higgins, Livengood, Winchell, Porter- , Mirjahangir NOES : None ABSENT: Erskine, ;Schumacher ABSTAIN: None DISCUSSION: Code Amendment No. 84-2 was initiated by the Department of Development Services to better regulate the operation of seasonal parking lots. PIO 4/81 CA 84-2 April 5, 1984 .Page 2 The amendment changes are intended to help avoid the seasonal parking lot problems which occurred during the summer of 1983 . The amendment modifies the length of time seasonal parking lots can be operated, es- tablishes a requirement for annual approval, and creates additional standards for the parking lots. Code Amendment No. 84-2 also establishes a new section creating a "Certificate to Operate. " The certificate will be required for all seasonal parking lots as well as all other temporary, provisional, or seasonal businesses or uses of property which do not require a Certifi- cate of Occupancy. A resolution establishing a $25 . 00 fee for the certificate is attached. ENVIRONMENTAL STATUS : Pursuant to Section 15150 of the California Environmental Quality Act, the proposed project is categorically exempt. FUNDING SOURCE: Not applicable. ALTERNATIVE ACTION: The City Council may consider not approving Code Amendment No. 84-2 , which would continue regulation of seasonal parking lots with minimal standards and procedures. ATTACHMENTS: 1. Legislative draft ordinance 2. Staff Report dated March 6 , 1984 3 . Planning Commission; minutes_ forthe meeting of March 6 , 1984 4. Ordinance 5. Resolution CWT:JWP :MA:df huntington beach Aevelop services department STAFF Ep®.R-r TO: Planning Commission , FROM: Development Services DATE: March 6, 1984 SUBJECT: CODE AMENDMENT NO,. 84-2 (Article 973, Fection 9730.56 , . 57 , Seasonal Parking Lots, 9730..80, 83.,�. Ge_rti.f.ic,ate.,-to Operate) 1 .0 SUGGESTED ACTION : Approve Code Amendment No. 84-2 ;_and recommend adoption by 'the City Council. 2 .0 GENERAL INFORMATION : Code Amendment No. 84-2 was initiated by the Department of Development Services to better regulate the operation of seasonal parking lots .. . The amendment changes are, intended to help avoid the seasonal parking lot problems which occurred during the summer of 1983 . The amendment modifies the length of time seasonal parking lots can be operated, -, establishes a requirement. for annual approval, and creates additional standards for the parking lots . Code Amendment No. 84-2 also establishes a new section creating 'a "Certificate to Operate" . The certificate will be required for all , seasonal parking lots as well as all other temporary, provisional or seasonal business or uses of property which do not require . a Certificate of Occupancy. A resolution establishing a .325 .fee for the certificate is attached. 3 .0 ENVIRONMENTAL STATUS : Pursuant to Section 15150 of the California Environmental Quality Act, the proposed project is categorically .exempt. 4.0 RECOMMENDATION: The staff recommends that the Planning Commission approve Code Amendment No. 84-2 and recommend adoption .by the City'Council. ATTACHMENTS : 1 . Draft ordinance 2. Resolution HS : jlm s. 0373d �a :a. -I A-FM-23A Minutes ,, 1-1 . 1B. Plann fission M�Irch 6 , 1984 Page 12 The. Commission discussed the surfacing of lots , particularly as. . t} e requirement would be applied uniformly to all applicants . Minor wording change was directed to be inserted into that part ,—, of the amendment relating to surfacing requirements. , ON MOTION BY HIGGINS AND SECOND. BY LIVENGOOD CODE AMENDMENT NO, 84-2 WAS APPROVED AS AMENDED AND RECOMMENDED TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES : Higgins, Livengood , Winchell ; Porter, Mirjahangir NOES : None ABSENT : Erskine , Schumacher ABSTAIN : None CODE AMENDMENT NO . 84-3 Applicant : City of Huntington Beach A request .to amend Article 910 , Low Density Residential District, In Section 9106 - Rl Zone Parking Requirements ; Section 9106 . 5 Permitted Parking Area ,to change the types of vehicles which may be parked on the driveway apron. Mike Adams reported that this code amendment is intended to clarify the types of vehicles which may be parked or stored in the Rl Dis- trict inside of a driveway pad. The Commission discussed the l wording and directed that a definition of "over-sized" be included in the ordinance and that a sentence be reconstructed to make- it clear that the phrase "which are not over-sized" applies to all the vehicles listed. The public hearing was opened and closed when no one appeared to speak for or against the amendment. ON MOTION BY LIVENGOOD AND SECOND BY MIRJAHANGIR CODE AMENDMENT NO. 84-3 WAS APPROVED AS AMENDED AND RECOMMENDED TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES : Higgins , Livengood, Winchell, Porter, Mirjahangir NOES : None ABSENT : Erskine, Schumacher ABSTAIN: None PENDING ITEMS : Staff has conducted. a survey of illegal signs along Goldenwest Street and will be contacting property owners . Nineteen operators have been contacted in regard to illegal horse stables. Some of the operations have ceased; staff will pursue this matter. A -survey of oil facilities adjacent to Goldenwest Street has re- sulted in a finding that the storage is legal storage. -12- 3-6-84 - P. C. Minutes , H . B. Pii. Commission Match 6 , 1984 Page 1.1 ON MOTION BY LIVENGOOD AND SECOND BY MIRJAHANGIR CODE AMENDMENT NO. 83-30 WAS CONTINUED TO THE MEETING OF MARCH 20 , 1984 , TO ALLOW ADEQUATE TIME FOR THE ASCON' AD HOC COMMITTEE TO COMPLETE ITS INPUT INTO THE . ORIDNANCE, BY THE FOLLOWING VOTE : AYES : Higgins , Livengood.', Winchell , Po,rter , .Mirjahangir , NOES : None ABSENT: Erskine, Schumacher ABSTAIN: None CODE AMENDMENT NO. 83-31 Applicant: City of Huntington Beach A request to replace Section 9811. 4 , Plot Plan Amendments , with Section. 9811 . 4 , Site . Plan Amendments , in Article 981 . This will provide the Board of Zoning .Adjustments the same process for re- view of minor revisions to projects as used. by the Planning„ Com mission. Staff presented a brief report on the reasons for the code amendment. The public hearing was opened and closed when no one was present . to speak for or against the matter. ON MOTION BY LIVENGOOD AND SECOND BY HIGGINS CODE AMENDMENT NO. 83-31 WAS APPROVED AND RECOMMENDED TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES : Higgins , Livengood; Winchell , Porter, Mirjahangir NOES : None ABSENT: Erskine , Schumacher ABSTAIN : None CODE AMENDMENT N0. 84-2 Applicant: City of Huntington Beach A request to amend Article 973 , Section 9730 . 56 , Seasonal Park ing Lots , and add .Section 9730. 57 , Seasonal Parking Lots, Con- formance to Standards Prior_ to Permit. Revocation of Permit and Section 9730 . 80,, Certificate to Operate . The proposed amendment will establish specific times of operation and stand- ards for seasonal parking lots within 1 , 000 yards of mean high tide line. Mike Adams made a short presentation on the aim of the code amendment, and explained the new provision for a Certificate to Operate, which would apply to all seasonal parking lots as. well as to other temporary and provisional uses which do not now re- quire operating entitlement . A $25 . 00 fee has been recommended by staff for this certificate . The public hearing was opened and closed. -11- 3-6-84 - P ,C. RESOLUTION NO. 53 m/ A RESOLUTION OF THE CITY COUNCIL OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 5159 ENTITLED, • + "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A CITY FEE SCHEDULE" (SUPPLEMENTAL FEE RESOLUTION NO . 9 . ) WHEREAS , on October 4 , 1982 , the City Council adopted Resolution No. 5159 establishing a fee schedule for the City , and The Council desires to amend such zee schedule to reflect an addition of a Certificate fee , NOW, THEREFORE, the City Council of the City of Huntington Beach resolves that Resolution No'. 5159 is hereby amended and that the fee amendment set out in this Supplemental Fee Resolution No. 9 shall be effective during fiscal year 1983-84 and thereafter. Section 7 of Resolution No. 5159 is amended by adding a fee as follows : Certificate to Operate - $25 . 00 With the exception of the addition of fee set out herein, all fees contained in Resolution No. 5159 shall remain in full force and effect. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of 1984 . Mayor ATTEST: APPROVED AS TO FORM: ' City Clerk City Attorney=� REVIEWED AND APPROVED: INITIATED AND APPROVED: CDP City Administrator Director of Development Services Publish 4/2-6/84 NOTICE OF PUBLIC HEARING CODE AMENDMENT NO. 84-2 - REGULATION OF SEASONAL PARKING LOTS NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Huntington Beach, in the Council Chamber of the Civic Center, Huntington Beach, at the hour of 7:30 P.M. , or as soon thereafter as possible on Monday the 7th day of May 1984 . for the purpose of considering Code Amendment No. 84-2, Regulation of Seasonal Parking Lots ; an amendment to Article 973 General Provisions, of the Huntington Beach Ordinance Code by amending Section 9730.56 (Seasonal Parking. Lots) and adding Section 9730.57 .(Seasonal Parking Lots, Conformance to Standards Prior to Permit - Revocation of Permit) and Section 9730.80 (Certificate to Operate . Additional information is on file in the Department of Development Services. All interested persons are invited to attend said hearing and express their opinions for or against said Code Amendment. Further information may be obtained from the Office of the City Clerk, 2000 Main Street, Huntington Beach, California. 92648 - (714) 536-5227 DATED 4/20/84 CITY OF HUNTINGTON BEACH By: Alicia M. Wentworth City Clerk �© • 4 Publish 4/26/84 NOTICE OF PUBLIC HEARING CODE AMENDMENT NO. 84-2 REGULATION OF SEASONAL PARKING LOTS NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Huntington Beach, in the Council Chamber of the Civic Center, Huntington Beach, at the hour of 7:30 P.M. , or as soon thereafter as 0� possible on Monday the 7th day of May 91 1.484 for the purpose of considering Code Amendment De. 84- , Regulation of/Seasonal Parking Lots; an amendment to Article 973 s Provisions , Sec ion 9 30:56, Seasonal Parking Lots,a ection 9730.57,, Seasonal Parking Lots, Conformance to e 4cAAia�o F ffiv�C Standards Prior to Permit A,, ectiong9730.80 a Certificate to Operate, r inance . Additional information is on file in the Department of Development Services. All interested persons are invited to attend said hearing and express their opinions for or against said Code Amendment. Further information may be obtained from the Office of the City Clerk, 2000 Main Street, Huntington Beach, California. 92648 - (714) 536-5227 DATED 4/20/84 CITY OF HUNTINGTON BEACH By: Alicia M. Wentworth City Clerk I�-z fe h,Q�:�� �� ��p�� �', C• rir,e�-I �,� M z 7, /¢�y LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE I HEREBY GIVEN that a public hearing will be held by the City 9.1&hSM9 Q : of the City of Huntington Beach, California, for the purpose of considering Code Amendment No. 84-2, Regulation of Seasonal Parking Lots; an--.amendment to Article 973, Miscel- laneous Provisions, Section 9730. 56, Seasonal Parking Lots, Section 9730. 57 , Seasonal Parking Lots, Conformance to Standards Prior to Permit, Section 9730.80 and 9730.8�i, Certificate to Oper te, of theuntington Beach Ordinance Code. � r c� ia�vc�cd v i s al? ��e11A f)pro q o� SQ��er Said hearing will be held at the hour of 7 : 30 P .M. , on May 7 , 1984 , in the Council Chambers Building of the Civic Center, 2000 Main Street, Huntington Beach, California. All interested persons are invited to attend said hearing and express their opinions for or against the proposed CodeAmendment No. 84-2 Further information may be obtained from the City Planning Department. Telephone No. (714) 536-5271 DATED this day of CITY PLANNING COMMISSION BY REQUEPFOR CITY COUNCIODACTION April 25 , 1984 Date Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson,, City Administrato Prepared by: James W. Palin, Director of Development .11 __ e . tv Subject: URGENCY ORDINANCE FOR SEASONAL PAR NG LOTS (CODE AMENDMENT NO. 84-2) Statement of Issue, Recommendation, Analysis, Funding Source, A ernat' achments: STATEMENT OF ISSUE: Transmitted for the City Council' s consideration is an urgency ordinance establishing new regulations for seasonal parking lots and establishing a Certificate to Operate procedure. Also transmitted is a Resolution establishing a $25 . 00 fee for the certificate. RECOMMENDATION: The Planning Commission and the Department of Development Services recommend that the City Council adopt the attached urgency ordinance and the resolution. ANALYSIS : Applicant: City of Huntington Beach Location: City-wide Request: An urgency ordinance to amend Article 973 , Miscellaneous Provisions; Section 9730. 56 , Seasonal Parking Lots ; Section _9.730. 57 , Seasonal Parking Lots, Conformance to Stand- ards Prior to Permit, Revocation of Permit; Section 9730. 80 and 9730. 81, Certificate to Operate, of the Huntington Beach Ordinance Code. Planning Commission Action on March 6 , 1984 : ON MOTION. BY HIGGINS AND SECOND BY LIVENGOOD CODE AMENDMENT NO. 84-2 WAS APPROVED AS AMENDED AND RECOMMENDED TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES : Higgins , Livengood, Winchell, Porter, Mirjahangir NOES: None ABSENT: Erskine, Schumacher ABSTAIN: None r " PIO 4/81 . Urgoncy Ordinance ' April 25, 1984 Page 2 Section 501 of the City of Huntington Beach Charter enables the City Council to adopt an emergency ordinance to immediately preserve the public peace, health, or safety. An emergency ordinance shall take effect immediately upon adoption by five affirmative votes. Staff feels that an urgency ordinance is necessary in order to protect the public health, safety, and welfare in relationship to regulating seasonal parking lots. The primary issues of public concern are dust and traffic control, litter and debris , maintenance, and neighborhood security. The urgency ordinance will enable the implementation of the proposed regulations on seasonal parking lots prior to the beginning of the summer season. In addition, staff recommends the establishment of a new section creat- ing a "Certificate to Operate. " The certificate will be required for all seasonal parking lots as well as all other temporary, provisional, or seasonal businesses or uses of property which do not require a Certificate of Ooccupancy. A resolution establishing a $25. 00 fee for the certificate is attached. ENVIRONMENTAL STATUS: Pursuant to Section 15150 of the California Environmental Quality Act, the proposed project is categorically exempt. FUNDING SOURCE: Not applicable. ALTERNATIVE ACTION: The City Council may consider not adopting the urgency ordinance, which would continue regulation of seasonal parking lots with minimal standards and procedures. ATTACHMENTS : 1. Staff Report dated March 6 , 1984 2. Planning Commission minutes for the meeting of March 6 , 1984 3 . Ordinance 4. Resolution CWT:JWP :MA:df huntington beach development services department SYA f f REPORT TO: Planning Commission FROM: Development- Services DATE: March 6, 1984 SUBJECT: CODE AMENDMENT. NO. 847-2 (Article 973, Section 9730.56, . 57 , Seasonal Parking Lots, 9730.80, 81,. Certificate to Operate) 1.0 SUGGESTED ACTION: Approve Code Amendment No. 84-2 and recommend adoption by the City . Council. 2.0 GENERAL INFORMATION: Code Amendment .No. 84-2 was initiated by the Department of Development Services to better r.egulate the operation of seasonal parking lots . The amendment changes are intended to help avoid the seasonal parki.ng lot problems which occurred during the summer of 1983 : The amendment modifies the length of time seasonal parking lots can be operated, establishes a requirement for annual approval, and creates additional standards for the parking lots. Code Amendment No. 84-2 also establishes a new section creating a "Certificate to Operate'.' . The certificate will be required for all seasonal parking lots as well as all other temporary, provisional or seasonal business or uses of property which .do not require a Certificate of Occupancy. A resolution establishing a 325 fee for the certificate is attached. 3.0 ENVIRONMENTAL STATUS : Pursuant to Section 15150 of the California Environmental Quality Act, the proposed project is categorically exempt. 4.0 RECOMMENDATION: The staff recommends that the Planning Commission approve Code Amendment No. 84-2 and recommend adoption by the City Council. ATTACHMENTS : 1 . Draft ordinance 2. Resolution HS : jlm 0373d t '`k A=FM-23A i� Minutes , H. B. i. Commission March 6 , 1984 ` ) Page 11 -� ON MOTION BY LIVENGOOD AND SECOND BY 'MIRJAHANGIR CODE AMENDMENT NO. 83-30 WAS CONTINUED TO THE MEETING OF MARCH 20 , 1984 , TO ALLOW ADEQUATE TIME FOR THE ASCON AD HOC COMMITTEE TO COMPLETE ITS INPUT .INTO THE ORIDNANCE, BY THE FOLLOWING VOTE : AYES : Higgins , Livengood, Winchell , Porter , Mirjahangir. NOES : None ABSENT: Erskine, Schumacher ABSTAIN : None CODE AMENDMENT NO. 83-31 .Applicant: City of Huntington Beach A request to replace Section 9811. 4 , Plot Plan Amendments , with Section 9811 . 4 , Site Plan Amendments, in Article 981. This will provide the Board of Zoning Adjustments the same process for re- view of minor revisions to projects as used by the Planning Com- mission. Staff presented a brief report on the reasons for the code amendment. The public hearing was opened and closed when no one was present to speak for or against the matter . ON MOTION BY LIVENGOOD AND SECOND BY HIGGINS CODE AMENDMENT NO. 83-31 WAS APPROVED AND RECOMMENDED TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE : AYES : Higgins , Livengood, Winchell ,. Porter, Mirjahangir NOES : None ABSENT: Erskine, Schumacher ABSTAIN: None _ CODE AMENDMENT NO. 8. 4-2 Applicant: City of Huntington Beach A request to amend Article 973 , Section 9730 . 56 , Seasonal Park- ing Lots, and add Section 9730 . 57 , Seasonal Parking Lots , Con- formance to Standards Prior to Permit. Revocation of Permit and Section 9730. 80, Certificate to Operate . The proposed amendment will establish specific times of operation and stand- ards for seasonal parking lots within 1 , 000 yards of mean high tide line. Mike Adams made a short presentation on the aim of the code amendment, and explained the new provision for a Certificate to Operate, which would apply to all seasonal parking lots as well r as to other temporary and provisional uses which do not now re- quire operating entitlement. A $25 . 00 fee has been recommended by staff for this certificate . The public hearing was opened and closed. -11 3-6-84 - P,C. ,M nutes, H. B. Plan .fission March 6 , 1984 Page 12 The Commission discussed the surfacing of lots , particularly as the requirement would be applied uniformly to all applicants . Minor wording change was directed to be inserted into .that part of the amendment relating to surfacing requirements. ON MOTION BY HIGGINS AND SECOND BY LIVENGOOD CODE AMENDMENT NO. 84-2 WAS APPROVED AS AMENDED AND RECOMMENDED TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES:. Higgins, Livengood , Winchell , .Porter, Mirjahangir NOES : None ABSENT : Erskine, Schumacher ABSTAIN: None CODE AMENDMENT NO. 84-3 Applicant: City of Huntington Beach A request to amend Article 910 , Low Density Residential District, in Section 9106 - Rl Zone Parking Requiremehts ; . Section 9106 . 5 - Permitted Parking Area to change the types of vehicles which may be parked on .the driveway apron. Mike Adams reported that this code amendment is intended to clarify the types of vehicles which may be parked or stored in the Rl Dis- trict inside of a driveway pad. The Commission discussed the wording and directed that a definition of "over-sized" be included in the ordinance and that a sentence be reconstructed to make it cleat that the phrase "which are not over-sized" applies .to all the vehicles listed. The public hearing was opened and closed when no one appeared to speak for or against the amendment. ON MOTION BY LIVENGOOD AND SECOND BY MIRJAHANGIR CODE AMENDMENT NO. 84-3 WAS APPROVED AS AMENDED AND RECOMMENDED TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES : Higgins , Livengood, Winchell, Porter, Mirjahangir NOES : None ABSENT : Erskine, Schumacher ABSTAIN: None PENDING ITEMS : Staff has conducted a survey of illegal signs along Goldenwest Street and will be contacting property owners . Nineteen operators have been contacted in regard to illegal horse stables. Some of the operations have ceased; staff will pursue this matter. A survey of oil facilities adjacent to Goldenwest Street has. re- sulted in a finding that the storage is legal storage. -12- 3-6-84 = P.C. ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9730. 56 AND. BY ADDING SECTIONS 9730 . 57 AND 9730. 80 PERTAINING TO SEASONAL PARKING LOTS The City Council of the City of H ington Bea0h does ordain as follows : SECTION 1 . The Huntington Be Or in nce Code is amended by amending section 9730 . 56 to re d s .,fo 1 s : gy3O . 56 SEASONAL P K OTS . ason rking ldtsI"may be permitted from Memorial I Da ough e thir eekend in September within one thousand ( 1 000 yards the igh tide line of the Pacific Ocean for a ma im of f 'v ( 5) es ive summer seasons, subject t.o annual app - o a in ' s, ativ review application by the Board of Zon ' djus ts . A seasonal. parking •lot which has operated for c secu e s seasons may thereafter be required by the rd con m e requirements set out in this article or to ary c mmerc� a1 'a ing lots . The following d standa apply to easo arking lots : (a) ie o c 1 t sha be marked off and secured by CIA or ab e ith sts a minimum of three ( 3) feet in height, sol ' built . a minimum, . posts shall consist of 411 x 4" wood r equiv metal posts a minimum of one and one-half ( 1-1/2) inc i diameter securely set in the ground and placed eight ( 8 ) feet n center . The posts shall be con- nected with at least one . ( 1 ) strand of one-half ( 1/2) inch cable or chain securely fastened to each post . An opening shall be provided to accommodate vehicle access during busi- ness hours . A means of closing and locking of the access opening after business hours shall be provided. (b) All aisle dimensions , bay depths, driveway widths , circula- tion and turning radii , shall. comply with Article 979 herein • and Fire Department requirements . Median lines of parking bays shall be marked off by a physieal. barrier such as concrete wheel bumpers, telephone poles or equivalent . (c ) Lots shall be surfaced to meet minimum specifications as estab- lished by the Public Works, Fire, and Development Services Departments for support of vehicles and to provide dust control . 1 . (d ) The site shall be maintained in a , clean. condition , free from trash and debris . Trash containers shall be placed on the site sufficient to accommodate_ and store all trash that accumulates on the lot . (e) Lots shall be secured to prevent overnight parking between the closing hour on one business day and the opening hour the following business day . (f) An attendant shall be on duty at all times during business hours . (g) Directional and informational signs shall be displayed onsi.te to provide identification of -entry into the parking lot .and charges for parking and hours of operation . Such signs shall be located at the entrance in a copy size visible to motorists entering the parking lot . Onsite signs shall not exceed . twelve ( 12) square feet and .shall not be more than eightc(.8) feet high , nor less than six (6) feet high . Said signs shall be removed from the site each season no later than.-the-third weekend each September . (h) An approved fire extinguisher shall be provided on the premises during business hours . (i) A certificate of insurance and a hold harmless agreement, in an amount required by the Chief of Administrative Services , shall be filed in the Administrative Services Department . SECTION 2 . The Huntington Beach Ordinance Code is amended by adding Section 9730 . 57 read as follows : 9730 . 57 SEASONAL PARKING LOTS. CONFORMANCE TO STANDARDS PRIOR TO PERMIT. REVOCATION OF PERMIT. Subsequent to approval of an application for a seasonal parking lot by the Board of Zoning Adjustments, the applicant shall meet all standards , requirements , and install all improvements . The parking lot shall be then inspected and approved by the city prior to issu- ance of a Certificate to Operate . The Board of Zoning Adjustments may revoke an administrative review application approval and the Certificate to Operate for a seasonal parking lot when the permittee fails to comply with standards and conditions set forth herein . SECTION 3 . The Huntington Beach Ordinance Code is amended by adding section 9730 .80 to read as follows : 2 . 97�0 . 80 CERTIFICATE TO OPERATE i (a) Operation of any temporary, provisional or seasonal business or use of property, which does not require a Certificate of Occupancy , is prohibited and a business license will not be issued until a Certificate t.o Operate is issued by the Director . (b) After final inspection when it is found that the operation of a business or .use of a property complies with the provisions of this code and other applicable laws, the Director shall issue a Certificate to Operate which shall contain the following : ( 1 ) The address or location of the business.,o.rsproperty ( 2) The name and address of the property owner : ( 3) The name and address of the business operator.. ( 14) A description of the business or use of the property: ( 5) A statement that the business or use complies with the requirements of this code . ( 6 ) Signature of the Director or his duly authorized representative . ( 7 ) The dates and/or period of time during which the i certificate is valid . (8 ) CERTIFICATE TO OPERATE FEE. Whenever an application is made for a Certificate to Operate ,' a processing fee for the Certificate of .Occupancy in an amount established by resolution of the City Council shall be paid to the city . This fee shall be in addition to all other required fees . If subsequent review of the -application results in denial of -the Certificate to Operate,. such fee shall not be refunded .. SECTION 14 . This ordinance shall take effect thirty days after adoption . 3 PASSED AND ADOPTED by the City Council of the City. of Huntington Beach at a regular meeting thereof held. on the day of 1984.... Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED ND APPROVED: INITIATED AND APPROVED: r City .Administrator Director of Development Services 4 ,