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HomeMy WebLinkAboutCode Amendment 71-20 - DENIED - Proposed to allow constructi Page #11 - Council Minutes - 10/4/71 /ojX PLANNING COMMISSION RESOLUTION NO. 1075 - DIRECT RESOLUTION BE PREPARED The Clerk presented a transmittal from the Planning Commission of Planning Commission Resolution No. 1075 which proposes that the min- imum age for residents of Tentative Tract No. 7341 - Signal Landmark, Inc., be 40 years of age rather than 45 years of age as originally established. Mr. J. R. Moore, 401 Civic Center Drive West, Santa Ana, representing Signal Landmark, Inc., addressed Council and requested approval of Resolution No. 1075 of the Planning Commission. On motion by Green, Council concurred with the Planning Commission Resolution No. 1075 and directed the City Attorney to prepare a resolution establishing a minimum age of 40 years for residents of Tract No. 7341 - Signal Landmark, Inc. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING - ZONE CASE NO. 71-29 - APPROVED Mayor McCracken announced that this was the day and hour set for a public hearing on Zone Case No. 71-29 which proposes a change of zone on property located on the south side of Baltimore Avenue, 130 feet east of Huntington Street from R5.Off ice-Professional District to R3 Limited Multiple Family Residence District. The Clerk informed Council that all legal requirements for notifi= cation, publication and posting had been met, and that he had re- ceived no communications or written protests to Zone Case No. 71-29 or to the Planning Commission's recommendation of approval for R2 zoning rather than R3 zoning as requested by the petitioner. The Planning Director addressed Council and presented a resume' of the Planning Commissions reasons for recommending approval for R2 zoning rather than the requested R3 zoning. Mayor McCracken declared the hearing open. Mr. Jim Knowles, 10666 Westminster Avenue, Garden Grove; addressed Council and.requested approval of the zone change. 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 Bartlett, Council sustained the decision of the Planning Commission; approvedthe change of zone to R2 rather than the requested R3, and directed the City Attorney to prepare an ordinance effecting the change of zone. The motion was passed by the following vote: AXES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: None E e:1t- PUBLIC HEARING - CODE AMENDMENN T N0. 71-20 - DENIED Mayor McCracken announced that this was thi: day and hour set for a public hearing on Code Amendment No. 71-20 to allow construction of an additional unit in multiple residential districts, if three- fourths (3/4) of the required net land area for such unit has been met. Said Code Amendment proposes to add Sections 9162.3.2, 9202.3.2 and 9232.3.2 to the Huntington Beach Ordinance Code. The Clerk informed. Council that all legal requirements for publication and posting had been met, and that he had received no communications or written protests to Code Amendment No. 71-20 or to the recommen- dation of approval by the Planning Commission. The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of the proposed Code Amendment. 130 Page #12 - Council Minutes - 10/4/71 Mayor McCracken declared the hearing open. There being no one present to speak on the matter, and there being 4- no protests filed, either oral or written, the hearing was closed by the Mayor. Following discussion by the Council, on motion by Green, Council overruled the Planning Commission and denied Code Amendment No. 71-20 by the following vote: AYES: Councilmen: Shipely, Gibbs, Green, Matney NOES: Councilmen: Bartlett, Coen, McCracken ABSENT: Councilmen: None PUBLIC HEARING - CODEvAMENDMENT NO. 71-21 - APPROVED Mayor McCracken announced that this was the day and hour set for a public hearing on Code Amendment.No'. 71 .21 which proposes to amend Section 9163.3 of the Huntington Beach Ordinance Code, to permit that portion of a two story dwelling which is constructed over a garage or carport abutting an alley, to be set back ten (10) feet from the centerline of such alley. The Clerk informed Council that all legal requirements for publi- cation and posting had been met and that he had received no com- munications or written protests to Code Amendment No. 71-21 or to the recommendation of approval by the Planning Commission. The Planning Director presented a resume ' of the Planning Com- mission's reasons for recommending approval of the code amendment. Mayor McCracken 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 Green, Council sustained the decision of the Planning Commission; approved Code Amendment No. 71-21 stipulating that there be no overhang extending beyond the rear property line, and directed the City Attorney to prepare an ordinance amending the Huntington Beach Ordinance Code. The motion was passed by -the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: None s° STUDENT APPOINTMENTS - ENVIRONMENTAL COUNCIL On motion by Green, Council approved the recommendation of the En- vironmental Council that students be appointed as members of the Environmental Council, by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: None ADJOURNMENT On motion by Matney, the regular meeting of the City Council of the City of Huntington Beach adjourned at 1:00 A.M. to Thursday, October 7, 1971 at 5:30 P.M. in the Administrative Annex. The motion was carried by the following vote: Affidavit ®f ftblication ` State of California y County of Orange ss City of Huntington Beach George Farquhar, being duly sworn on oath, says: That he is a citizen of the United States, over the age of twenty-one years. That he is the printer and p ' publisher of the Huntington Beach News, 'a weekly newspaper of general circulation printed and pub- lished in Huntington Beach, California and circulated in the said C> / 'V County of Orange and elsewhere and published for the disseminatio IV = t of local and other news of a general character, and has a bona fi P subscription list of paying subscribers, and said paper has been _ established, printed and published in the State of California, and ' County of Orange, for at least one year next before the publication of 'the first insertion of this notice; and the said newspaper is not devoted to the interest of, or published for the entertainment of any particular class, profession, trade, calling, race or denomination, or any number thereof. The Huntington Beach New was adjudicated a legal newspaper `---� - - - of general circulation by Judge G. K. Scovel in the Superior Court I Published Huntington Beach News Sept,of Orange County, California August 27th, 1937 by order No. A-5931. 16, 1971.NOTICE OF Pu'Bt►c HEARING CODE AMENDMENT 71-20 . That the CODE AMENDMENT 71-20 NOTICE IS HEREBY GIVEN-that.a pub- lic hearing will be held by the City Council of the City of Huntington Beach, at the hour of 7:30 P.M., or as soon thereafter as possible, on Monday of which the annexed is a printed copy, was published in said news- the 4th day of October, 1971, for the purpose of considering a proposed code amendment that,will, allow, construction paper at least one issue of an additional unit, in. multiple res- idential districts, if three-fourths (3/4) of the required net land area for such unit commencing from the 16th-_ day of September has been mei'. Said Code ,Amendment Proposes to add Sections 9162.3.2, 6202.3.21 and 9232.3:2 to the Huntington Beach 19 and endingon the 16th day of September ordinance Code. Y . All interested persons are invited to attend said hearing and express their opinions for or against said Code Amend- 19 7l both days inclusive, and as often during said period and ment, times of publication as said paper was regularly issued, and in the ; Further information may b obtained re p P p proper,ews a er regular and entire issue of said ro er, and not in a from the office of the City Cl erk. DATED: 8/23/71 supplement, and said notice was published therein on the following CITY OF HUNTINGTON BEACH dates, to-wit: By: Paul C. Jones — City Clerk. Sept. 16, 1971 _ /Publisher Subscribed and sworn to before me this 17th day of September , 19_71 . ��dZfiY`e. !�Ld Notary Public Orange County, California THOMAS D. WYLLIE Nofary Public-Caiifornia o Orange County • My Commission Expires Sepfem,ber 12, 1974 l; - C� of Huntington Beach County of ®range State of California Af fidavitof Publication of GEORGE FARQUHAR Publisher Huntington Beach News Filed Clerk By -- Deputy 'Clerk Huntinyon Beach Manning Commission a P.O. BOX 990 CALIFORNIA 92648 October 4, 1971 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: Planning Commission RE; Code Amendment No. 71-20 ATTN: Doyle Miller, City Administrator Paul Jones, City Clerk Gentlemen: Transmitted herewith is a copy of Code Amendment No. 71-20. Said amendment will allow construction of an additional unit in multiple residential districts, if three-fourths (3/4) of the required net land area for such unit has been met. The Planning Commission, at their August 17, 1971 meeting, unanimously approved Code Amendment No. 71-20 as amended and recommends approval 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 ,f 1 First Draft - Staff R '_ew Proposed Code Amendment No . 71- 20 July 30 , 1971 Amended Augus t 17, , 1071 1 That the following changes are proposed to the Ilt.int i ngtun I4';1� 11 Ord i nance Code : The intent he i rig to cons i (let, the ons t rue t i on o I 2 an additional unit , in multiple residential_ districts , if three - fourths (3/4) of , the required net land area for such unit have 3 been met . Said changes shall read as follows : 4 REPEALED : (none) 5 RENUMBERED : (none) 6 AMENDED : (none) 7 ADDED : 8 (R2) S. 9162 . 3 . 2 Additional Unit . Where three-fourths (3/4) of 9 the net land area required for an additional 10 unit is available on parcels of eight thousand (8 ,000) square feet 11 or less such unit may be permitted subject to the approval of an 12 Administrative Review Application by the Board of Zoning Adjust- 13 ment. In its review , the Board shall determine that the additional. 14 unit does not adversely affect the plan and that all provisions of 15 the Huntington Beach Ordinance Code have been complied with . 16 (R3) S . 9202 . 3 . 2 Additional 'Unit. Where three-fourths (3/4) of 17 the net land area required for an additonal unit 18 is available on parcels of six thousand (6 ,500) square feet or less 19 such unit may be permitted subject to the approval of an Adminis - 20 trative Review Application by the Board of Zoning Adjustments . In 21 its review, the Board shall determine that the additional unit does 22 not adversely affect the plan .and that all provisions of the Hunt- 23 ington Beach Ordinance Code have been complied with. 24 (R4) S . 9232 . 3 . 2 Additional Unit . Where three-fourths (3/4) of 25 the net land area required for an additional 26 unit is available on parcels of six thousand (6 ,000) square feet or 27 less such unit may be permitted subject to the approval of an Ad- 28 ministrative Review Application by the Board of Zoning Adjustments . 29 In its review, the Board shall determine that the additional unit 30 does not adversely affect the plan and that all provisions of the 31 Huntington Beach Ordinance Code have been complied with . 32 ` Publish 9/1:6/71 �UBIIG H'Ek_AG SET / Postcards ran: - --- ---------- NOTICE OF PUBLIC HEARING CODE AMENDMENT 71.20 i NOTICE IS HEREBY GIVEN that, a public hearing will be by the City Council. of the City of Huntington Beach, Am----- qb th t-ing e-ae at the hour of 7:30 P.M. , or as soon thereafter as possible, on Monday the 4th day of October 1971 for the purpose of considering a proposed code amendment that will allow construction of an additional unit, in multiple residential districts, if i three-fourths (3/4) of ,the required net land area for such unit has been met. Said Code Amendment proposes to add Sections 9162.3.2. 9202.3.2 and 9232.3.2 to the Huntington Beach Ordinance Code. 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: 8/23/71 CITY OF- HUNTINGTON BEACH By: Paul C . Jones City Clerk S e s City Clerk � i City of Huntington Beach The Huntington Beach Planning Commission, at their regular/ad=j-ourrfed meeting held c? e 170 , ,recommended _ of ° �,�; D a 'I'la 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, aand=, -U-s_t-ot--Omne�s-OS=-P -P- erty w�th-in 308-fe-e-t-of-the=sub=j-ec.t-area is attached hereto® The applicant in this matter is , (Address) (Telephone) Kenneth R. Reynolds, Planning Director By 4a, a� Number of Excerpts None Publish Once LEGAL NOTICE NOTICE O; PUBLIC NEARING CODE AMENDMENT NO 71-20 NOTICE I�, ifEREE3Y '�TVEJJ that rj nubli-c hearing witl be held by the City Planning Commis.-,ion of the City of Huntington Beach .for "he purpose of considering a 1roposed Code Amendment that will allow construction of an additional unity in multiple residential d'I_stricts , if three-fourths (3/4) of Lhe required net land area for such unit has been met. Said hearing will be held at tho hour of 7:00 P.M. , on August 17, 1971 , 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 kryendment Further information may be obtained from the City Planning Department. Telephone No 536- 5271 DATED this 5ttx day of August, 1971 CITY PLANNING COMMISSION 'SST K.A. Reynolds Secretary