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
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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
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-�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
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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