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HomeMy WebLinkAboutCode Amendment 70-2 - Ordinance 1565 - Article 967 - Civic D Page #3 - Council Minutes - 3/16170 YOUTH COALITIpN COMMITTEE - "WEEK OF AGAPI" - LAKE PARK CLUBHOUSE ' Mr. Jim Sampson, Chairman of the Youth Coaltion Committee informed Council that their organization planned to hold an event called the "Week of Aga.pi" at the Lake Park Clubhouse and requested that Council authorize an expenditure of$50.00 for refreshments to be reimbursed to the City from ticket sale proceeds. . Mayor Green stated that this expenditure had been previously authorized, but that he had requested Mr. Sampson's presence at the meetin§ tonight for the purpose of informing the Council of the "Week of Agapi event planned by the committee. FISH & CHIP'OPERATION - MUNICIPAL PIER - APPROVED The City Administrator informed Council of a recommendation from the Director of Harbors, Beaches and Development, that Pier Building 1 on the municipal pier be leased by the city to Mr. Carl McCullah for a fish and chip :operation. On motion by Coen, Council approved the recommendation of the: Directors of Harbors,. Beaches and Development and approved the lease of. Pier Build- ing 1 to Mr. Carl McCullah to conduct a. fish and chip operation and authorized the Mayor and City Clerk, upon approval by the City'Attorney, to execute same on behalf of the City. Motion carried. ORDINANCES FOR ADOPTION On motion by Kaufman, Council directed the Clerk to read Ordinance Nos. 1560, 1561, 1563 and 1564 by title, waived further reading and passed and adopted same by the following unanimous roll call vote: AYES Councilmen: Shipley, Bartlett, McCracken, Kaufman, Coen, Green NOES Councilmen: None ABSENT: Councilmen: Matney ORDINANCE NO. 1560 - ADOPTED - INDUSTRIAL DISTRICTS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTIONS 9511 (4) AND 9551.1, AND AMENDING AND ADDING CERTAIN SECTIONS PERTAINING TO PERMITTED USES IN THE INDUSTRIAL DISTRICTS." ORDINANCE NO.'1.561 - DISPOSITION OF UNCLAIMED PROPERTY - ADOPTED "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 1254 RELATING TO DISPOSITION OF UNCLAIMED PROPERTY." ORDINANCE NO. 1563 - ADOPTED - ENVOR;EMENT - USE PERMIT "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTION 9730.19 AND ARTICLE 984- BY RENUMBERING CERTAIN SECTIONS; AND BY ADDING ARTICLE 902 ENTITLED 'ENFORCE- MENT", SECTIONS 9101.3.1, 91:61.3.1 AND 9201.3.1, CHAPTER 93, ENTITLED "PLANNED RESIDENTIAL DEVELOPMENT" ADDING DEFINITIONS TO SECTION 97003 AND ADDING ARTICLE 984, ENTITLED FUSE PERMIT". ORDINANCE NO. 1564 - ADOPTED - 'COMMUNITY FACILITIES DISTRICT' "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY RENUMBERING ARTICLE 966, ENTITLED 'S1 DISTRICT, ' AND ADDING A NEW ARTICLE 966, ENTITLED, 'COMMUNITY FACILITIES DISTRICT' ." ORDINANCE NO. 1565 - ADOPTED - 'CIVIC DISTRICT SUFFIX' Considerable discussion was held by Council regarding Ordinance No. 1565. - - Fire Chief Picard spoke briefly regarding the addition of the 'Civic District Suffix' to the code and its effect upon the Design Review Board. On motion by Shipley, Council directed the Clerk to read Ordinance No. 1565 by title and waived further reading by the following unanimous roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Coen, Green NOES:: Councilmen: None ABSENT: Councilmen: Matney M i 09 Page #4 - Council Minutes - 3/16/70 On motion by Bartlett, Council passed and adopted Ordinance No. 1565 by the following roll call vote: AYES: Councilmen: Shipley, Kaufman, Coen, Green NOES: Councilmen: Bartlett, McCracken ABSENT: Councilmen: Matney ORDINANCES FOR INTRODUCTION On motion by Kaufman, Council directed the Clerk to read Ordinance Nos. 1567, 1568, 1569, 1570 and 1571 by title and waived further reading by the following unanimous roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Coen, Green NOES: Councilmen: None ABSENT: Councilmen: Matney ORDINANCE N0. 1567 - ZONE CASE 69-45 - FIRST READING "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF ATLANTA AVENUE AND BUSHARD STREET (ZONE CHANGE CASE NO. 69-45)." ORDINANCE NO. 1568 - ZONE CASE 70-3 - FIRST READING "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF BUSHARD STREET AND ADAMS AVENUE." fY. ORDINANCE N0. 1569 - MOBILE X-RAY UNITS - FIRST READING "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO CHAPTER 36 ESTABLISHING REGULA- TIONS FOR MOBILE XRAY UNITS." ORDINANCE NO.31570 - BOARD .OF APPEALS - FIRST .RFADING "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING TO CHAPTER 81 ENTITLED, 'BUILDING,' SECTIONS 8116 THROUGH 8116.12 CREATING A BOARD OF APPEALS, AND ESTABLISH- ING PROCEDURES THEREFOR." ORDINANCE 4d. 1571 - DESIGN REVIEW BOARD - FIRST READING "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTION 9852.2, AND AMENDING CERTAIN SECTIONS PERTAINING TO THE CITY'S DESIGN REVIEW BOARD." RECESS Mayor Green called a recess of the Council at 5:47 P.M. The meeting was reconvened at 7:45 P.M. by the Mayor. CERTIFICA4 OF SERVICE - DESIGN REVIEW BOARD Mayor Green presented a Certificate of Service to Mr. Dave Wilson in appreciation of his service on the Design Review Board from October 28, 1968 to February 16, 1970. ,'5 COMMENDATION - DIANE REED Mayor Green presented a Citation to Diane Reed of the Huntington Beach Evening News, commending her for her accomplishments in the field of journalism and citing her as an outstanding example of the journalists who daily bring the news to the citizens of Huntington Beach. REPORTS - COUNCIL COMMITTEES Systems Analysis & Data, Processing Committee Councilman Coen stated that the Systems Analysis and Data Processing Committee would meet on March 19, 1970, to undertake an analysis of the Capital Improvement Program. Page #12 - Council Minutes - 3/2/70 Mr. Jerry Shea, representing the Chamber of Commerce Legislative Action Committee, addressed Council and stated that, as this is a far reaching ordinance, provisions should be made requiring a public hearing, there- by notifying the affected property owners. There being no one .further present to speak on the matter and there being no protests filed either oral or written, the hearing was closed by the Mayor. On motion by Bartictt, Council sustained the decision of the Planning Commission, approved Code Amendment No. 70-2 and directed the Clerk to give Ordinance No. 1565 a first reading by title - "AN ORDINANCE OF THE CITY CF HUNTINGTON :BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING !HERETO ARTICLE 967 ENTITLED, `CIVIC DISTRICT SUFFIX' ." On moticn by Bartlett, Council waived further reading of Ordinance No. 1565. When put to a vote the motion passed unanimously. It was determined by Council that the words - "After public hearings as provided for zone change; in this code" be inserted in the first line of Section 9671 pertaining to zoning regulations. Following discussion, on motion by Kaufman, Council directed the City Administrator to confer with the American Institute of Architects concerning the revision of the Design Review Board Ordinance to include registered architects. Motion carried. PUBLIC HEARING - APPEAL - CE '(O-2 - GREENLEAF MOBILE HOMES - DENIED Mayor Green announced that this was the day and hour set for a public hearing for the purpose of reconsidering an appeal filed by Anton Dumhart, Attorney, 12411 Gilbert, Westminster, on behalf of California Mobile Home Dealers Association to the approval by the Planning Commission of Conditional Exception 70-2, to permit: the sale of mobile homes in conjunction with a mobile home park for a, period of six months, in the R5 Office-Professional District, on property located on the east side of Pacific Coast Highway, 100 feet north- west of Beach Boulevard. The Clerk informed Council that all legal requirements for notifica- tion, publication and posting on said public hearing had been met and that he had received no communications or written protests to Conditional Exception No. 70-2 other than the letter of appeal. Mayor Green declared the hearing open. Mr. Anon Dumra.rt, Attorney, representing the appellant, addressed Council end gave reasons why he believed the Planning Commission's approval. of Conditional Exception No, 70-2 was not warranted. Mr. Thomas Keenan, Attorney, 1'33 W. 8th Street, Santa Ana, addressed Council and stated his objections to the granting of Conditional Exception No. 70-2. Mr. Fred Hampton, representing Greenleaf Mobile Home Sales, addressed Council and gave reasons why he believed Conditional Exception No.. 70-2 should be granted by the Council. Mr. B, J. del Valle, 639 S. Spring Street, Los Angeles, Attorney representing Greenleaf Mobile Homes, addressed Council and stated that he believed the reasons set forth by his applicant met the requirements for issuance of a Conditional Exception. Mr. Thomas L. Stevens, representative of Butterfield Land Development Corporation, a Division of Coldwell Banker, addressed Council, and gave reasons why he believed approval of this Conditional Exception was warranted. Mr. R. D. Daly, Manager of the Driftwood Beach Club Mobile Park, addressed Council and gave reasons 'why he believed Council should grant approval of Conditional Exception No. 70-2. Page #12 - Council iulinutes - 2/16/70 10 -�PUBLIC LiiAIt1TJ(i - :",yfiE Arysli'IVDMEIdT NO. `j'[J_:> _ "LIAITINtIED Mayer Green ann, ur ce.d that ttlis wa, `•he: day and .cur set for a pub!Lc hearing on Code Amendment No. 70-2 for the p:<rpose of censiderirg. a. proposed Code Amendment to add to Division 9 of the Hunr,.i.ngi.on .Beacr, Ordinance Code, Article 96.7 - �':iv:ic Distri.c*1 .suffix; such district is designated to establish, civic district:; wh.ic}i may 'be placed arou..d civic renters, public parks. pl0 l.ic t i..1dL gs cr public grounds in cyrder to protect the put,li.c interest .in majc;r public drvelcpment�, and describe-1-1 the procedure for Design Review Board reviow of plans in this district prior to any permit being issued and the manner in which appeals may be made to the City Council. The Clerk informed Council that: all legal requirements for notification, publication and posting on said public hearing had been met and that he I ad received no communications or written protests to Code Amendment_ No, 70-2, or to t;Je recommendation of.' approval of the Planning Commission, Mayor Green declared the hearing open. On motion by McCracken, Council continued the public hearing on Code Amendment No. 70-2 to the meeting of March 2, 1970. Motion carried, 70 PUBLIC IIIARING - CODE AMENDMENT NO, 70-3 - APPROVED Mayor Green announced that this was the day and hour set for a ,public hearing on Code Amendment No. 70-3 which proposed to amend Articles 951 - MI-A, 953 - Ml and 955 - M2 industrial Districts by adding the require- ments that all uses which do not require Use Permit approval shall be subject to Administrative Review by the Board of Zoning Adjustments. The Clerk informed Council that all legal requirements for notification, publication and posting on said public hearing had been met and that he had recieved no communications of written protest to Code Amendment No. 7C-3 or to the recommendation of approval of the Planning Commission, The Planning Director presented a resume' of the Planning Commissions reasons for recommending approval of Code Amendment No. 70-3. Mayor Green 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. On motion by Kaufman, Council sustained the Planning Commission and approved Code Amendment No. 70-3 and directed the City Attorney to pre- pare an Ordinance amending t;he Huntington Beach Ordinance Codee Motion carried. 7� REQUEST - ACTION AGAINST OIL SPILLAGE Mrs. Ann Turner, 80 Huntington Street, City, addressed Council. and requested that action be taken to prevent the occurrence of oil spills which endanger the lives of animals, fowl and possibly children. Mayor Green stated that the city is attempting to implement stricter controls to prevent oil spillage and requested that she report occurrence of this nature to the City Administrator. Motion carried. ��s 4 _ AA / S P.O. Boy 190 CALIFORNIA 92648 February 16, 1970 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: Planning Commission SUBJECT: Code Amendment No. 70-2 - Civic District Suffix ATTN: Doyle Miller, City Administrator Paul Jones, City Clerk Gentlemen: Transmitted herewith is Code Amendment No. 70-2 Said amendment proposes to add to Division 9 of the Huntington Beach Ordinance Code, Article 967 - Civic District Suffix. Such district is designated to establish civic districts which may be placed around civic centers, public parks, public buildings or public grounds in order to protect the public interest in major public developments. Also, this amendment describes the procedure for Design Review Board review of plans in this dis- trict prior to any permits being issued and the manner in which appeals may be made to the Planning Commission. The Planning Commission approved said amendment by the following roll call vote: AYES: Slates, Bazil, Bokor, Duke NOES: Porter ABSENT: Tom, Miller The Planning Commission recommends adoption by your Honorable Body. Commissioner Porter' s Minorit Re ort: Because of the present criteria for selection ot Design Review Board members, ie� lack of professional occupational standards, it is felt that an \ordi- nance with the far-reaching consequences of this one shoul-d be delayed until adequate standards for Design Review Board members are re-established. It is imperative when the CD Suffix zone is adopted that professionally qualified people act on the re- quirements of proposed Section 9670 . Respectfully bmitted, 4 K. A. Reynolds Planning Director KAR:dr ORDINANCE NO. 1565 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE DX ADDING THERETO ARTICLE 967 ENTITLED, "CIVIC DISTRICT SUFFIX" The City Council of the City of Huntington Beach does ordain as follows: SECTION 1. The Huntington Beach Ordinance Code is hereby amended by adding thereto Article 961., entitled "Civic District Suffice," being Sections 9670 through 9677 to read, as follows: 9670. STATEMENT OF INTENT AND PURPOSE. This article is adopted pursuant to Government Code Section 65860 et seq. and is designed dnd intended to establish a method whereby the city may regulate the orderly., harmonious, attractive and aesthetic develop- ment of facilities around designated Community Facilities Districts In order to protect and preserve the character and integrity of the public developmeWo or facility, and thereby protect and pre- serve the public health, safoty, convenience and general welfare. 9671. ZONING REGULATE N civic district suffix (-CD) may be combined with any basic zoning district and thereafter a developer shall comply with all requirements of the basic zoning district in addition to the requirements of this article 9672. REVIEW OF PLANS. Unless plans, elevations and pro- posed sites for buildings or structures in a. civic district area have been approved by the Design Review Board or upon appeal. by Council, no building permit shall be issued for any such building, structure or other development of property or appurtenances or alterations thereto. 9673. EXCEPTIONS. When, in the opinion of the Director of Planning, the approval of an application for a minor . or Insignificant building permit daces not defeat the purposes and objects of this article, a building permit may be issued without submitting the matter to the Design Review Board for its approval.. 9674. APPLICATION FOR REVIEW. Applications for design re- view required by this article shall be filed and reviewed in the same manner as provided In Article 985 of, this come. P-8 'S1 o The Design Review Board is to consider whether plans submitted comply with criteria adopted by resolution for the civic district. If such criteria are met, the application shall be approved. Conditions may be applied when the proposed building or structure does not comply with the above criteria and shall be such as to bring said building or structure into conformity. If an appli- cation is disapproved, the Design Review Board shall. detail in its findings the criterion, or criteria, that are not met . The action taken by the Design Review Board shall be reduced to writing signed by the chairman and a. copy thereof made avail-able to the applicant upon request. 9675. PLAN REQUIRED. Applicant shall submit a plan which shall be drawn to scale and shall indicate the following in- formation; (a.) Dimensions and orientation of the parcel. (b) Location of buildings and atructures both existing; and proposed. (c) Location of off -street parking and loading facilities. (d) Location and dimensions of present and proposed street and highway dedications required to handle the traffic generated by the proposed uses. (e) Location of points of entry and exit for motor vehicles and internal circulation pattern. (f) Location of walls and fences and the indication of their height and the materials of their construction. (,g) Indication of exterior lighting standards and devices adequate to review possible hazards and disturbances to the public and adjacent properties. (h) Location and size of exterior signs and outdoor adver- tising. (i) A preliminary landsaapinF plan. M Grading and slopes where they affect the relationship of the buildings. (k) Indication of the heights of buildings and structures. (1) Indication of the proposed use of the buildings shown on the site. 2. (m) Such other architectural and engineering data as may be . ,required to permit necessary findings that the provisions of this code are being complied with. (n) Any of the above requirements may be waived by the Planning Director if the information is deemed not essential . Where an attachment or minor addition to an existing building or structure is proposed, the plan shall indicate the relationship of such proposal to the existing development. 9676 . EFFECTIVE DATE OF DECISION. The decision of the Design Review Board shall not become effective until the expiration of ten (10) days after the date upon which a ruling was made. 9677. APPEALS. The applicant or any interested party may file an appeal to the Planning .Commission on any ruling by the Design Review Board made pursuant to this article. The appeal shall be filed or made within ten (10) days following; the decision of the Board and shall set forth alleged inconsistency or nonconformity with the procedures or criteria set forth in this article or stand- ards set forth in or pursuant to this code. Appeals shall be heard and decisions of the Planning Commission may be appealed pursuant to the procedures set out in Article 988 of this code. 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 'Huntington Beach at a regular meeting thereof held on the day of 1g7C. Mayor ATTEST: APPROVED AS TO FORM: Pity Clerk City Attorney 3. _..Y- PUBLIC_HEARING.SET FOR:- --"�2------A� �v.,,. Publish 1/29170 ..--��.. ....��,, �_........ Postcards -0- NOTICE OF PUBLIC HEARING CODE AMENDMENT 70-2 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 loth day of February , 19 70 , for the purpose of considering a proposed Cade Amendment to add to Division 9 of the Huntington Beach Ordinance Code, Article 967 - Civic District Suffix. Such district is designated to establish civic distracts which may be placed around civic centers, public parks, public buildings or public grounds in order to protect !.he public interest in major public developments. ,Also, this amendment describes the procedure for Design Review Board review of plans in this district prior to any permit being issued and the manner in which appeals may be made to the City Council. 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: 1/23/70 CITY OF- HUNTINGTON BEACH By: Paul C . Jones City Clerk r City Cleric City of Huntington Beach The Huntington Beach Planning Commission., at their •r-ugw.-raj°/ad,journed meeting held �� 01 // 4P 70 , recommended__g - �4�2--,e 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, and—a.I- s_t=of—Dmnne e�-f prop- er= y—rih%n=348=poet=e :h� b -eat area is attached hereto. The applicant in this matter is , (Address) (Telephone) Kenneth R. Reynolds , Planning Director B- / o a w Number of Excerpts None Publish Once LEGAL NOTICE NOTICE OF PUBLIC HEARING CODE AMENDMENT NO 70-2 NOTICE IS HEREBY GIVEN that a public 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 add to Division 9 of the Huntington Beach Ordinance Code, Article 967 - Civic District Suffix. Such district is designated to establish civic districts which may be placed around civic centers , public parks, public buildings or public grounds in order to protect the public interest in major public developments. Also, this amendment describes the procedure for Design Review Board review of plans in this district prior to any permit being issued and the manner in which appeals may be made to the City Council. Said hearing will be held at the hour of 7:00 P.M. , on January 20, 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 hearing 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 8th day of January, 1970 CITY PLANNING COMMISSION By K.A. Reynolds Secretary February 25, 1970 TO: City Council FROM: City Attorney SUBJECT: Civic District Suffix Ordinance The annexed ordinance, which was approved by the Planning Commission at its meeting of January 20 , 1970, is trans- mitted herewith for first . reading. Respectfully Submitted, DON P. BONFA ity Arne y DPB:mw Attachment �J. 70