HomeMy WebLinkAboutCode Amendment 72-14 - Proposed Ordinance 1772 - Home Occupa i4 fidavit '® P licat® n
State of 'California
County of Orange ss 9
City of Huntington Beach ff`
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 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
County of Orange and elsewhere and published for the dissemination
of local and other news of a general character, and has a bona fide
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 (Pubiished Hun ington Beach News Aug-
ust 10, 1972)
of general circulation by Judge G. K. Scovei in the Superior Court NOTICE of PUBLIC HEARING
of Orange County, California August 27th, 1937 by order No. A-5931. CODE AMENDMENT 72-14
NOTICE IS HEREBY GIVEN' that a
That the CODE AMENDMENT 72-14 ;_ublic hearing will be held by the City
Council of the City of Huntington Breach,
in the Council Chamber of the Civic
Center, Huntington Beach, at the hour
Of which the annexed is a printed copy, was published in said news- 1 of 7:00 P.M., or as soon thereafter as
possible, on Monday the 21st day of.�
I August, 1972, for the purpose of con-
sidering a proposed code amendment
paper at least One issue initiated by the Planning Commission to l
add a provision for instruction in the-
home for a home occupation. said
commencing from the 10th day of August ,
amendment shall read as follows: "When.
an occupation is the type that entailEi
- instruction in the home, such instruction I
--1922_—, and ending on the 10th day of Aug upt shall ,be limited to three (3) individuals.)
per session." Said amendment shall be•
added to the Huntington Beach. Ordin-
ance Code as Section 9730.20 (p),
1922— both days inclusive, and as often during said period and All interested persons are invited tcp
times of publication as said paper was regularly issued, and in the attend said hearing and express their
regular and entire issue of said opinions for or against said Code Amend-'I
gU pewspaper proper, and not in a .ment. Further information may be ot>.l
supplement, and said notice was published therein on the following tained from the Office of the City Cle.d.c,i
dates, to-wit: DATED: 8/4:72. .
Aug. 10 1972 I CITY OF HUNTINGTON BB'gCH
By: PAUL C. JONES,
City Clerk
ublisher
Subscribed and sworn to before me this 11 th day of
August , 19 72
Notary Public
011 Orange County, California Q
`i
THOM
AS D. WYLL(E
Notary Public-California
a a o Orange County
My Commission Expires /
FOPM September 12, 1974
I
:y of-Huntington Beach--
County. of ®range'
State of California
Jf fidavitof Publication
of GEORGE FARQUHAR
Publisher Huntington Beach News
Filed
Clerk
By
Deputy Clerk
�- Hundf goon Beach Nanning CoMWWOR
P.O, SOX 990 CALIFORNIA 92648
September 11, 1972
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: K.A. Reynolds , Secretary
RE: Code Amendment No. 72-14
Instruction in the Home
ATTN: David D. Rowlands, City Administrator
The City Council continued the public hearing on
Code Amendment No. 72-14 until September 18 , 1972 in order
that a better formula be developed to determine the
limitation on the number of individuals per session that
may be permitted when conducting a home occupation.
The Planning Commission approved a limitation of
three (3) individuals per session under Code Amendment No. 72-14.
The Planning Staff conducted a survey of the existing
home occupation permits with respect to "instruction in
the home" and finds that none have been permitted. Such
instruction in the home has been discouraged because the
following provisions of the Huntington Beach Ordinance Code
would be violated:
1. The business shall be restricted to one room
only in the dwelling. . . . (Note: This restriction
would prohibit swimming pool. instruction) .
2. The occupation shall not be of a type which
generates pedestrian or vehicular traffic
"beyond that normal to" the particular neigh=
borhood.
(Note: Emphasis added because "beyond that
normal tor! has been interpreted as no additional
traffic) .
F'
t .
3. The occupation shall not create noise. . . .
discernible at the boundaries of the parcel.
(Note: Music, singing, and dancing lessons
have been construed to violate this provision) .
The Planning Staff then contacted five cities with
comparable population to discuss their experience with
instruction in the home. Their comments were as follows :
Anaheim: Instruction in the home is not permitted as
most of the time it gets out of hand. The
only vehicle permitting such might be a con-
ditional use permit or a variance: none have
been granted.
Garden Grove: Our experience has been that the more that
is permitted in the home the more problems you
will have. Garden Grove permits a mailing
address only and no services.
Riverside: No provisions for instruction in the home. . . . .
would discourage same. The problems they have
faced are with respect to parking and traffic.
Santa Ana: No intention of permitting instruction in the
home. . . . too many problems.
Torrance: Instruction in the home is specifically excluded
and nobody is permitted to the home for a service
or business , although, the Planning Commission
has authorized one or two students per session
with no more than three per day for music lessons.
The Planning Staff has frequently been asked to
approve home occupations for instruction in the home and
there is no guide or magic number which can be used. The
number three (3) which appears in Code Amendment No. 72-14
is a judgement on the part of Staff and Planning Commission
as being a reasonable number based on the types of requests'
made. It is also felt, in view of the above, that this
would be a liberalization of the home occupation provisions
as instruction in the home is not, at this time, permitted.
The Planning Staff also proposes that the word
"individual" as used in Code Amendment No. 72-14 is defined
as one person and not a couple or trio, etc.
If the City Council elects to modify the number of
individuals per session, then Code Amendment No. 72-14
should be referred back to the Planning Commission
for recommendation.
Respectfully submitted,
/,:� • G • P4
--
K.A. Reynolds
Secretary
KAR;jh
• k I
O
P.O. SOX 9S0 CALIFORNIA 92648
August 7, 1972
TO: HONORABLE. MAYOR AND CITY COUNCIL
FROM: Planning Commission
RE: Code Amendment No 72-14
ATTN: David D. Rowlands, City Administrator
Paul Jones , City Clerk
nt m Ge le en:
Transmitted herewith is a copy of Code Amendment
No. 72-14. Said amendment proposes to add a pro-
vision for instruction in the home for a home
occupation. Said amendment shall read as follows:
"When an occupation is the type that entails in-
struction in the home, such instruction shall be
limited to three (3) individuals per session. "
The Planning Commission, at its August 1 , 1972
meeting, unanimously approved Code Amendment No. 72-14
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. Reyno ds
Secretary
KAR:jh
r — Publish 8/10/72
RUBLIC1HEARING .5.�T
���f Postcards
FOR:...............--_-------------
n
-------- NOTICE' OF PUBLIC HEARING
CODE AMENDMENT 72-14
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
7:00 P.M. , or as soon thereafter as possible, on Monday
the 21stday of August , 19 72, for the purpose of
considering a proposed code amenam kt�g �WKNff9i$ii i9TmiA§i9i1ction
in . the home for a home occupation . Said amendment shall read as follows:
"�Jhen an occupation is the type that entails instruction in the home,,
such instruction shall be limited to three (3) individuals per session. "
Said amendment shall be added to the Huntington Beach Ordinance Code
as Section 9730.20 (p).
All interested persons are invited to attend said hearing and
express their opinions for or against said Code Amendment ,
Further information may be obtained from the Office of the City
Clerk.
DATED: 3/4/72 CITY OF- HUNTINGTON BEACH
By: Paul C . Jones
City Clerk
i
4
i
City Clerk
City of Huntington Beach
The Huntington Be ch Planning Commission, at their regular/�-a ,e-4-3
meeting held o , , recommended
7a �'
If approval has been recommended, the City Council will be required to
hold a public hearing on this matter. Although there is a 10 day appeal
period, we suggest that the matter be set for the earliest possible City
Council meeting, because the purpose of any appeal is to have a hearing
before the City Council and this is already being accomplished. We
further suggest that you not accept any appeal, as it will serve no purpose.
If approval has been recommended other than as requested, the City Council
will be required to hold a public hearing on this matter. However, there
is a possibility that the Planning Commission's decision will be appealed;
therefore, we suggest that publication be held off until the 10 day
appeal period has expired.
If denial has been recommended, the City Council may summarily deny the
request. However, we suggest that the matter not be scheduled on the
City Council agenda until the 10 day appeal period has expired.
A copy of the Planning Department legal notice, =^� a 1$ a—of=otrnes=off
qp--reper°ty=VlTh W--300=:f-eet� of the subject area will be submitted upon your
request. ,
The applicant in this matter is
(Address)
(Telephone)
Kenneth R. Reynolds,
Planning Director
By O
None
C),
I EGAL IN`,T
OTICE
:NOTICE OF T B LT C F,EAR I 'T
CODE AMENDMENT NO. 72-14
ITOITIT CE Imo; 1
HEREBY GI VE1'v that a Dub 1 ic '.h.ea ring
-he City
Planning Commission of the City of i,'urjtdngi-ors
for the purpose of considering 2a_proposed code amendment
to add a provision for instruction in the home for a home occupation.
Said amendment shall read as follows : "When an occupation is the I type
that entails instruction in the home , such instruction shall be
limited to three (3) individuals per session. "
CA VI-0
'3yid hearing will be hell,-' at t',Ie rlO",!'
August. I 5P -,19 72
in t.pe Counc i
t!,.) -ach , Ca] ifornia, Or
All '". .,.rested perscr inv ! to
.-4 t-heir opinion.-, foi-
r a ad
Code Amendment
Further informatior, may
—ninF, T>pe-Artm-nt.
NTT 536- 5271
A" 2 0 t h
July , 1972
M Ij
Lit'.P
'y
K. A. Reyncd.(,s
5 re t a r y
WHITE-CITY ATTORNEY
BLUE-C I YY CLERK ._ / CITY OF HUN NGTON BEACH No.
GREEN-CITY ADMINISTRATOR17
CANARY-DEPARTMENTAL REQUEST for ORDINANCE or RESOLUTION
Date Request made by Department
August 7, 1972 K.A. Reynolds Planning
INSTRUCTIONS: File request in the City Administrator's Office quickly as possible but not later than noon, one week prior to the Council
Meeting at which it is to be introduced. Print or type facts necessary for City Attorney's use in preparation of ordinance. In a separate
paragraph outline briefly reasons for the request of Council Action.Attach all papers pertinent to the subject.All appropriation requests must
be cleared and approved by the Director of Finance before submitting to City Administrator's Office.
Preparation of an Ordinance or Resolution is hereby requested:
Code Amendment No 72-14 (Attached herewith)
1. Letter of transmittal
2. Code Amendment No 72-14
3. Staff report
I
Desired effective date Signed: Approved as to availability of funds
gust 21, 1972
.
Director of Finance
City Attorney—Please prepare and submit printed copies to this office by:
City Administrator
1
1
� 7
•�, ORDINANCE N0.
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY ADDING SUBSECTION (p) TO SECTION 9730 . 20
PERTAINING TO HOME OCCUPATIONS
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 subsection (p) to Section 9730 . 20 to read as
follows :
9730 . 20(p ) When an occupation is the type that entails
instruction in the home, such instruction shall be limited to
three (3 ) individuals per session.
SECTION 2 . This ordinance shall take effect thirty days
after its adoption. The City Clerk shall certify to the pas-
sage Y Y P
' sage 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 21st
day of August, 1972 .
Mayor
ATTEST: APPROVED AS TO FORM:
1
City Clerk City Attory e
J
Ord. No.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss :
CITY OF HUNTINGTON BEACH )
I , PAUL C. JONES , The duly elected, qualified, and
acting City Clerk of the City of Huntington Beach and ex-
officio Clerk of the City Council of the said City, do hereby
certify that the whole number of members of the City Council
of the City of Huntington Beach is seven; that the foregoing
ordinance was read to said City Council at a regular
meeting thereof held on the day of
19 , and was again read to said City Council at a regular
meeting thereof held on the day of ,
19 and was passed and adopted by the affirmative vote of
more than a majority of all the members of said City Council.
AYES: Councilmen:
NOES: Councilmen:
ABSENT : Councilmen:
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
f
MEMO
TO: Planning Commission
FROM: Planning Department
RE: Code Amendment No. 72-14
i DATE: August 1 , 1972
Code Amendment No. 72-14 proposes to amend the Home Occupation
section of the code by adding a provision stating that when
r the type of occupation entails instruction in the homey such
occupation shall be limited to three individuals per session.
y
This matter was discussed with. the Planning Commission at a
prior Study Session at which time the staff was directed to
set the matter for public hearing.
+j
The staff recommends approval of Code Amendment No. 72-14.
�z
'f
r,
=1
FIRST DRAFT - STAFF R .EW
Proposed Code Amendment No . 72-14
Corrected June 27 , 1972
" o00
4 May be generally referred to as :
"HOME OCCUPATION AMENDMENT"
That the following changes are proposed to the Huntington Beach
Ordinance Code : The intent being to add a provision for instruc-
tion in the home for home occupations. Said changes shall read
as follows :
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
REPEALED: (none)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
RENUMBERED: (none)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
AMENDED: (none)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
" I
ADDED:
S . 9730 . 20 (p) When an occupation is the type that ientails
instruction in the home , such instruction shall
be limited to three individuals per session.
. . . . . . . . . . . .
21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28
. . . . . . . . . 1
I
29
� I
28