HomeMy WebLinkAboutCode Amendment 70-10 - Ordinance 1602 - Article 981 - Board Page #5 - Council Minutes - 9/8/70
The Clerk read communications from the Huntington Center Merchants
Association and. the Huntington Beach Chamber of Commerce stating their
opposition to the proposed Utilities Tax.
Mr, Al Hanner, Manager of the Broadway Department Store, City, addressed
Council and stated that passage of a utilities tax could have a detri-
mental effect upon the business community resulting in personnel cut-
backs, diminished utility usage and curtailment in promotional activities.
Mr. George West, manager of J. C. Penny Department Store, City, addressed
Council and stated that he was strongly opposed to the proposed utilities
tax, based on the effect it would have on the economy of local businesses
in competing with businesses in other communities.
Mr. Dick Crowl, Newport Beach City Councilman addressed Council regard-
ing this matter and the proposed increase in the business license fees
for apartment dwellings.
Considerable discussion on the matter was held by Council.
Following reading by title, on motion by Green, Council waived further
reading of Ordinance No. 1598 by the following roll call vote:
AYES: Councilmen: Green, Bartlett, McCracken, Gibbs, Matney, Shipley
NOES: Councilmen: None
ABSENT: Councilmen: Coen
On motion by Green, Council passed and adopted Ordinance No. 1598,
by the following roll call vote:
AYES: Councilmen: Green, Gibbs, Matney, Shipley
NOES: Councilmen: Bartlett, McCracken
ABSENT: Councilmen: Coen
ADDITIONAL ORDINANCES FOR ADOPTION
The Clerk informed Council of a correction on Section 9242 (d) of
Ordinance No. 1599 pertaining to the minimum site area.
On motion by Green, Council directed. the Clerk to read. Ordinance
Nos. 15993 16003 1601, and 1602 by title, waived further reading and
passed and adopted same by the following roll call vote:
AYES: Councilmen: Green, Bartlett, McCracken, Gibbs, Matney, Shipley
NOES: Councilmen: None
ABSENT: Councilmen: Coen
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ORDINANCE NO. 1599 - ADOPTED - MOBILEHOME PARKS REGULATIONS
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY ADDING THERETO ARTICLE 924 OF CHAPTER 92
ESTABLISHING REGULATIONS FOR MOBILEHOME PARKS."
ORDINANCE NO. 1600 - ADOPTED - MOBILEHOMES & MOBILEHOME PARKS PROVISIONS
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING SECTIONS 9250 9251.1, 9251.2 AND
9251.2.1 OF ARTICLE 925 AND SECTIONS 9471.4, 9472, 9472.1 AND 9473,
ARTICLE 947 TO DELETE PROVISIONS PERMITTING MOBILEHOMES AND MOBILE-
HOME PARKS.
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ORDINANCE No. 1601 - ADOPTED - ERECTION OF SIGNS ON PUBLIC PROPERTY
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING SECTION 9762.E PERTAINING TO ERECTION
OF SIGNS ON PUBLIC PROPERTY OR PUBLIC RIGHTS OF WAY."
ORDIAtANCE NO. 1602 - ADOPTED - PERMITTED USES - C2 AND C3 DISTRICTS
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE. BY AMENDING CERTAIN SECTIONS PERTAINING TO PER-
MITTED USES IN THE C2 AND C3 DISTRICTS, AND PROVIDING FOR THE HOLDING
OF PUBLIC HEARINGS IN CONNECTION WITH COMPLAINTS FILED WITH THE BOARD
OF ZONING ADJUSTMENT'S CONCERNING HOME OCCUPATIONS."
Page #11 - Council Minutes - 8/17/70
The Clerk informed Council that all legal requirements for notification,
publication and posting on said. public hearing had been met and that
he had received no communications or written protests to Zone Case
No. 70-10 - Resolution of Intent of the City Planning Commission.
Mayor Pro Tempore Matney declared the hearing open.
There being no one present to speak on the matter and there being no
protests filed, either oral or written, the hearing was closed by the
Mayor Pro Tempore.
On motion by Green, Council continued this matter to the meeting of
September 8, 1970. Motion carried.
PUBLIC HEARING - CODE AMENDMENT NO. 70-9 - APPROVED
Mayor Pro Tempore Matney announced that this was the day and hour set
for a public hearing for the purpose of considering a proposed code
amendment to amend Sections 9166.6 (R2 District), 9206.6 (R3 District)
and 9236.6 (R4 District) to require all residential lots and/or parcels
within the area bounded by Pacific Coast Highway on the southwest,
23rd. Street on the northwest, Palm Avenue on the north and, northeast
and Lake Street on the east and. southeast, which abut upon an alley to
take access to all garages, carports and. open parking from such abutting
alley only.
The Clerk informed Council that all legal requirements for notification,
publication and posting had been met and that he had received no communi-
cations or written protests to Code Amendment No. 70-9, or to the recom-
mendation of approval of the Planning Commission.
Mayor Pro Tempore Matney declared. the hearing open.
There being no one present to speak on the matter and there being no
protests filed., either oral or written, the hearing was closed by the
Mayor Pro Tempore.
On motion by Green, Council sustained. the decision of the Planning Com-
mission, approved Code Amendment No. 70-9 and directed. the City Attorney
to prepare an ordinance amending the Huntington Beach Ordinance Code.
Motion carried.
20 jf
PUBLIC HEARING - CODE AMENDMENT 70-10 - APPROVED
Mayor Pro Tempore Matney announced that this was the day and. hour set
for a public hearing to consider a proposed code amendment amending
Article 981 - Board of Zoning Ad ustments, Article 942 - C2 Community
Business District, and Article 94.5 - C3 General Business District to:
1. Require a public hearing on a complaint for Home
Occupation by the Board of Zoning Adjustments.
2. Add hardware stores, animal grooming, car wash and
mortuary to the uses within the C2 District. Also
add_�mg a provision for other re';ail uses or services
not specifically provided for that may be permitted.
subject to approval of a Use Peamit application; and
3. Require approval of administrat:_ve review by the Board
of Zoning Adjustments for all u::es in the C3 zone which
do not require use permit approval.
The Clerk informed. Counc�.l that all legal requirements for notification,
publication and posting can said public ht_aring had been met and that
he had received no communications or written protests to Code Amendment
70-10 or to the recommendation of approval of the Planning Commission.
Mayor Pro Tempore Matney declared the hearing open.
There being no one present to speak on tie matter and there being no
protests filed, either o:;-al or written, the hearing was closed by the
Mayor Pro Tempore.
Page #12 - Council Minutes - 8/17/70
On motion by Bartlett, Council sustained the decision of the Planning
Commission, approved Code Amendment 70-10 and. directed the Clerk to
read Ordinance No. 1602. Motion carried.
The Clerk gave Ordinance No. 1002 a first reading by title - "AN
ORDINANCE OF THE CITY OF' HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE BY AMENDING CERTAIN SECTIONS PERTAINING To PERMITTED
USES IN THE C2 AND C3 DISTRICTS, AND PROVIDING FOR TUE HOLDING OF
PUBLIC HEARINGS IN CONNECTION WITH COMPLAINTS FILED "WITH THE BOARD OF
ZONING ADJUSTMENTS CONCERNING HOME OCCUPATIONS."
On motion by Bartlett, Council waived further reading of Ordinance
�rNo. 1602 by the following roll call vote:---(,-
AYES: Councilmen: Green, Bartlett, McCracken, Matney, Coen
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs, Shipley
PUBLIC HEARINGG r��CODE AMENDMENT NO. 70-11 - SIGN CODE
Mayor Pro Tempore Matney announced that this was the day and hour set
for a public hearing for the purpose of considering a code amendment
to Article 976 (Sign Code) as follows:
1. Amend Section 9763.4.1 Determination of Amortization
Period for non-conforming sign, to read as follows:
All signs made non-conforming by the provisions set
forth in other articles of this code now existing or
heretofore repealed shall remain non-conforming not-
withstanding the provisions of this article, and shall
be completely removed or changed. to a conforming use
within five (5) years of the time said use became non-
conforming. The five year period for their amortization
shall be determined from the effective date of Ordi-
nance No. 1105 (January 6, 1965).
2. Amend Section 9764.7 to require a $100 cash bond for
all temporary off-site signs for which a permit is
not required.
The Clerk informed Council that all legal requirements for notification,
publication and posting on said. public hearing had been met and that
he had received no communications or written protests to Code Amendment
No. 70-11 or to the recommendation of approval of the Planning Commis-
sion.
Mayor Pro Tempore Matney declared the hearing open.
There being no one present to speak on the matter and there being no
protests filed, either oral or written., the hearing was closed by the
Mayor Pro Tempore.
On motion by Green, Council sustained the decision of the Planning Com-
mission, approved Code Amendment No. 70-11 anc directed the City Attorney
to prepare an ordinance amending the Huntington Beach Ordinance Code:.
Motion carried.
COMMENDA-riU y - DOWNTOWN AREA
Mayyor P~o Tempore Matney read a communication from Mr. Joy=. Irvine,
818 Joliet Avenue, City, commending the Council for their concern that
the downtown area of the City be maintained i:i a clean condition.
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TALBERT AVENUE REROUTING - CEPTRAL CITY PARK
Mr, David. Langwis, representative of William j.,yons Development Company,
developers of Tract No. 5518 located adjacent to the Central City Fark _
Site ad.d.ressed. Council and requested that the;r be given direction in
development, depending on a possible reductio;i of the Talbert Avenue
street right-of-way.
The Assistant Planning Director stated that t-ie City had no plans to
deviate from the present polie:y on this matter.
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P.O. SOX 990 CALIFORNIA 92548
August 17, 1970
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: Planning Commission
SUBJECT: CODE AMENDMENT NO 70-10 - Commercial Zones
ATTN: Doyle Miller, City Administrator
Paul Jones , City Clerk
Gentlemen:
Transmitted herewith is a copy of Code Amendment No. 70-10.
Said amendment proposes to amend Article 981 Board of
Zoning Adjustments, 942 C2 Community Business District
and 945 C3 General Business District to: 1) Require a
public hearing on a complaint for Home Occupation by
the Board of Zoning Adjustments; 2) Add hardware stores ,
animal grooming, car wash and mortuary to the uses within
the C2 District. Also, adding a provision for other retail
uses or services not specifically provided for, may be per-
mitted subject to approval of a Use Permit application;
and, 3) Require approval of administrative review by the
Board of Zoning Adjustments for all uses in the C3 zone
which do not require use permit approval.
By unanimous vote, the Planning Commission approved Code
Amendment No. 70-10 on July 21 , 1970, and recommends
adoption by your Honorable Body.
The State Planning Act requires that a public hearing be
held after which the Code Amendment may be adopted by
Ordinance.
Respectfully submitted,
K.A. Reynolds
Secretary
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ORDINANCE NO. ,
AN. ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY AMENDING CERTAIN SECTIONS PERTAINING TO .
PERMITTED USES IN THE C2 AND C3 DISTRICTS,
AND PROVIDING FOR THE HOLDING OF PUBLIC HEAR-
INGS IN CONNECTION WITH COMPLAINTS FILED WITH
THE BOARD OF ZONING ADJUSTMENTS CONCERNING
HOME OCCUPATIONS '
I
The City Council of the City of Huntington Beach does ordain
as follows:
SECTION 1. The Huntington Beach Ordinance Code is hereby
amended by amending Sections 9430. 2, 9430.5, 9430.7, 9430.7.13
9431, 9451, and 9814 to read as follows:
9430.2. The following retail stores shall be permitted:
(a) Automobile sales agencies, with incidental repairs and
service.
Automobile accessory dealers
(b) Bakeries (not more than seven (7) employees and with
all goods sold on premises) .
Bicycle sales
Boat and marine supplies
(c) Clothing stores
(d) Department stores
(e) Electrical supply shops
(f) Feed and fuel. stores (entirely within a building de-
voted to retail sales) .
Florist shops
Frozen food lockers (retail only) .
(h) Hardware stores
(i) Ice storage houses (limit capacity to five (5) tons) .
(,j ) Jewelry stores
(1) Liquor stores, and on-sale liquor establishments .
1.
(m) Motorcycle dealers - witr: incidental repairs and
service
Mobile trailer sales
(n) Newsstands
(p) Paint stores
Pet shops
Photographic equipment and supplies
Plant nurseries
Plumbing supply shops
Printing shops I
(s ) Supermarkets
9430. 5. The following services shall be permitted:
(a) Animal clinics (no outside kennel runs or overnight
care shall be permitted) .
Animal grooming
Automobile minor repair such as glass, shock absorber,
muffler and brake replacement , etc . , but shall not in-
elude body shops or general repair shops .
(b) Banks
Blueprinting and photostating
Bowling alleys, billiards , pool halls .
(c ) Cafes and restaurants {
Catering establishments
(d) Dry cleaning establishments using no more than two (2)
. clothes cleaning units , none of which shall have a rated
capacity in excess of forty (40) pounds , using cleaning
fluid, which is nonexplosive and noninflammable at a
temperature below 138 degrees Fahrenheit .
(e) Electric distribution, substations
(m) Medical and dental laboratories
Movie theaters
Music conservatories
(p) Public garages
(s) Saving and loan associations
Skating rinks , ice or roller
9430 . 7 . USE PERMITS . The following uses may be permitted in
this district subject to approval of a use permit application by
the Board of Zoning Adjustments :
2.
•
(c) Car wash. Where gasoline sale is a significant part
of the overall operation, the locational criteria
for gasoline service stations shall apply .
(g) Gasoline service station, including limited . tire dis-
play and minor repairs .
(m) Mortuary
9430. 7 . 1. Other retail uses and services not specifically
provided for may be permitted subJect to approval of a use permit
application. i .
9431. LIMITATIONS ON PERMITTED USES IN C2 DISTRICTS. Every j
use permitted in a C2 district shall be subject to the following
conditions and limitations :
(c ) Not more than seven (7 ) persons may be employed in such
processing and treatment of products . The intent of this section
is to prohibit manufacturing in commercial districts .
9451. USES PERMITTED. Any uses permitted in the Cl , C2 and
C4 districts except hospitals , convalescent hospitals , sanitariums
or rest homes, and any uses requiring approval of a site plan ap-
plication in the Cl, C2 and C4 districts shall be peinnitted .sub,ject
to the same regulations for such uses in the Cl, C2 and C4 districts .
The uses set out in Sections 9452 and 9453 shall be permitted �
in . the C3 district subject to approval of an administrative review
application by the Board of Zoning Adjustments .
9814 . HEARINGS . A public hearing shall be held by the Board
prior to taking action on any donditional .exception, use permit,
or plot plan amendment, or on any complaint filed concerning a
home occupation.
SECTION 2. This ordinance shall take effect thirty days
after its adoption. The City Clerk shall. certify to the passage of
this ordinance and cause same to be published within fifteen days
after adoption in the Huntington Beach News, a weekly newspaper of
general circulation, printed and published in Huntington Beach,
California.
PASSED AND ADOPTED by the City Council of the City of Hunting-
ton Beach at a regular meeting thereof held on the day of
1970.
3 .
Publish 7®30�70
Postcards
NOTICE OF PUBLIC HEARING (�
GOD
E AMENDMENT 70-10 Cj
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
7730 P.M. , or as soon thereafter as possible , on Monday
the 17th day of August , 19 70 , for the purpose of
considering a proposed code amendment amending Article 981 - Board
of Zoning Adjustments, Article 942 - C2 Community Business
District, and Article 945 - C3 General Business District:to:
1) Require a public hearing on a complaint for Home Occupation by
the Board of Zoning Adjustments;
2) Add hardware stores , animal grooming, car wash and mortuary to
the uses within the C2 District. Also adding a provision for
other retail uses or services not specifically provided for
that may be permitted subject to approval of a Use Permit
application; and
3) Require approval of administrative review by the Board of Zoning
Adjustments for all uses in the C3 zone which do not require use
permit approval.
J
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.
DATED: July 23, 1970 CITY OF- HUNTINGTON BEACH
By: Paul C . Jones
City Clerk
City Clerk
City of Huntington Beach
The Huntington Beach Planning Commission, at their regularAad-j-ourne-d
0�e, �/�,��?
meeting held recommended �AM e.
of
If approval has been recommended, the City Council will be required
to hold a public hearing in this matter , and it will be transmitted
to you prior to the next regular meeting of the Council.® A copy of
the Planning Department legal notice,
-emit—Arga.—is==at t ached hereto.
The applicant in this matter is
(Address) (Telephone)
Kenneth R. Reynolds ,
Planning or Direct
"J'L L U
y
6-1p
Number of Excerpts None
Publish Once
LEGAL NOTICE
NOTICE 05P PUBLIC TEARING
CODE AMENDMENT NO 70-10
NOTICE IS HEREBY GIVEN that a rublic hearing will be held
by the City Planning Commission of the City of Huntington
Beach for the purpose of considering a Proposed Code Amendment
Said amendment proposes to amend Article 981 Board of Zoning
Adjustments, 942 C2 Community Business District and 945 C3 General
Business District to: 1) Require a. public hearing on a complaint
for dome Occupation by the Board of Zoning Adjustments; 2) Add
hardware stores, animal grooming, car wash and morturary to the uses
within the C2 District_. Also, adding a provision for other retail
uses or services not specifically provided forAymay be permitted
subject to approval of a Use Permit applicatLon; and, 3) Require
approval o4admi.nistrative review by the Board of Zoning Adjustments
for all uses in the C3 zone which do not require use permit'_
approval.
Said hearing will be held at the hour of 7:00 P.M. ,
on July 7, 1970 , in the Council Chamber of the Civic Center,
Huntington Beach, California, on 5th Street between Main Street
and Orange Avenue.
All interested persons are invited to attend said nearing
and express their opinions for or against the proposed. Code
Amendment
Further information may be obtained from the City
Planning Department.
Telephone No 536-6551
DATED this 25th day of June, '1970
CITY PLANNING COMMISSION
By
K.A. Reynolds
Secretary