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HomeMy WebLinkAboutCode Amendment 72-20 - Ordinance 1799 - Amend Section 9711.1 A fidavit ®f licati®n � Slate of California County of Orange ss City of Huntington Beach George Farquhar, being duly sworn on oath, says: That he is a l-'O That he is the printer and publisher of the Huntington Beach citizen of the United States, over the age of twenty-one years. �/ ! G:.'J J 1� 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 / - ��•Z.�'r 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, nailing, race or denomination, or any number thereof. The Huntington Beach New was adjudicated a legal newspaper 'Published Huntington Beach News Oct of general circulation by Judge G. K. Scovel in the Superior Court .12, 1972. of Orange County, California August 27th, 1937 by order No. A-5931. NOTICE OF PUBLIC HEARING 1 CODE AMENDMENT 72-20 That the CODE AMENDMENT 72-20 NOTICE IS HEREBY GIVEN that a pub- lic 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 which the annexed is a printed copy, was published in said news- of 7:00 P.M., or as soon thereafter as possible, on Monday the 6th day of November, 1972, for the purpose of con- paper at least One j,Seue sidering a:code amendment initiated by the City Planning Commission, to amend the Huntington Beach Ordinance Code, commencing from the 12th dayof October sections Abatement of Noncon- forming Use, and to repeal Sections 9430.7(g) service stations in.the C2 Dis- 2 12th October trict, and Section 9454.1 service stations 19*� and ending on the day of in the C3 District. i All interested persons are invited to attend said..hearing and express their 1972 both days inclusive, and as often during said period and opinions for or against said Code Amend- times of publication as said paper was regularly issued, and in the ment. g Y Further information may be obtained regular and entire issue of said pewspaper proper, and not in a from the Office of the City Clerk. supplement, and said notice was published therein on the following DATED 10/6/72 CITY OF HUNTINGTON BEACH dates, to-wit: By: Paul C. Jones Oct. 12, 1972 `—City Clerk — L Puub 'sher Subscribed and sworn to before me this 13 trl day of October , 19_. Notary Public Orange County, California THOMAS D. WYLLIE W' Notary Public-California l ab ;'^ Orange County My Commission Expires o"Fop September 12, 1974 �,f C `' of Huntington Beach County of ®range State of California Jf fidavitof Publication of GEORGE FARQUHAR Publisher Huntington Beach News Filed— Clerk BY Deputy Clerk �d Hunfinghn Beach NanMng COMMSSW P.O. BOX 990 CALIFORNIA 926411 October 24, 1972 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: Planning Commission RE: CODE AMENDMENT NO. 72-20 ATTN: David D. Rowlands , City Administrator Paul Jones , City Clerk Gentlemen: Transmitted herewith is a copy of Code Amendment No. 72-20. Said amendment proposes to amend Section 9711 .1 (Abatement of Nonconforming Use) and repeals Section 9430.7(g) service stations in the C2 District, Section 9454. 1 service stations in the C3 District and implements the Service Station Standards , Article 948 , (C.A. 72-12) . Action taken by the City Council on Code Amendment No. 72-12 should also be taken on this amend- ment , since one is required to implement the other. The Planning Commission unanimously approved Code Amendment No. 72-20 at its October 3, 1972 meeting, 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. Supporting Information Submitted Herewith: 1. Staff Report 2. Copy of Code Amendment No. 72-20 Information to be submitted at the Public Hearing: 1. Staff Comments Respectfully submitted, lam. �. K.A. Reynolds , Secretary KAR:j h encls: i MEMO TO: Planning Commission FROM: Planning Department RE. Code Amendment No. 72-12 and :.� Code Amendment No. 72-20 ri Date: October 3, 1972 Code Amendment No. 72-12 was reviewed by the Planning Commission at the, September 12th meeting. At that time , the staff outlined three steps that would be required to implement the Service Stations Standards , Article 948. As reviewed by the staff, the first step would be to adopt R� Article 948 "Service Stations Suffix". The second step }.i would be to amend the existing provisions of the code to remove service stations from all commercial districts. and '7 third to amend nonconforming provisions "Article 971" to 6 require that service stations comply with the amortization k as written into Article 948 . The second and third step has been incorporated in Code Amendment No. 72-20 which the staff discussed with the Commission at the September. 12th !` meeting. The Planning Commission also directed the staff to set both code amendments for a public hearing. An additional provision has been written into Code Amendment No. 72-20 which will allow modernization of nonconforming service stations subject to an administrative review before the Board of Zoning Adjustments and certain amortization contained therein. The staff will be prepared to discuss Code Amendment Noii , 72- 12 and 72-20 with the Planning Commission at the October "3rd menting. f, 4, 6. is 2ndg 72-20; 9/27/72 SECOND DRAFT - STAFF REVIEN ' Proposed Code Amendment No. 72-20 September 27, 1972 f 9 May be generally referred to as: "ABATEMENT AND ZONING REVISIONS - SERVICE STATIONS" That the following changes are proposed to the Huntington Beach Ordinance Code: Thy intent being to eliminate provisions to allow service stations in the C2 and C3 Districts and to amend the code provisions for abatement of nonconforming. uses to in= elude nonconforming service station sites. Said changes shall kk read as follows . fl D D D D O O D O O O O D . O O . D V . o . . o . O . . . . . . O . . . . . . . . . . . O . . . . . o . O . o . O REPEALED: S. 9430. 7 (G) S. 9454. 1 S. 9432 .5 �® SD 9432 .6. 1 S. 9432_o 6.2 o o o o O o O o o o O O o 0 0 0 o O O O O O . . . . O o e 0 0 0 0 0 0 e . 0 0 0 O O O O o . 0 . 0 0 0 . 0 • O . O . O O O D O ip GX✓ . o 0 0 . o 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 o e e . e . . o o 0 0 0 o e o 0 0 0 0 0 0 . o 0 0 0 . o 00 0 0 0 0 0 AMENDED: So 9711. 1. Abatement of Nonconforming Use The uses .designated herein shall be abated accord- ing to the time schedules established for said use. (a) All service station sites made nonconforming by ` Division. 9, Hunt. Beach Ordinance Code shall con- form to all standards set therein according to the time schedule established in 9480.XX 'y (Nonconforming Service Station Sites) .9711.2 Modernization of Rloncon'forming Usc� All proposals to modernize existing service stations shall be subject to approval of an administrative review application by the .Board of Zoning Adjustments. Page 1 of 2 2nd9 72-20; 9/27/72 Il A. Proposals to modernize nonconforming service station sites within any l2 month period which exceed 50 per- cent of. the value thereof shall be required to conform to all requirements contained in S . 9480. XX (Non- conforming. Service Station Sites) at such time of modernization. B. Proposals to modernize nonconforming service station t sites within any 12 month period which exceed 25 per- cent but less than 50 percent of the value thereof R �® shall be required to conform to S . 9480.XX (A,B,C) at such time of modernization. C. Proposals to modernize nonconforming service station A l sites within any l2 month period which is less than k 25 percent of the value shall be required to conform -F to So 9480 AX (A,B) at such time of modernization. 9711 .1 (b) The nonconforming use of land for the storage of .outs door portable sanitation facilities, such as : privys, outhouses and other similar out-buildings shall be abated within 6 months from the effective date of this �0 ordinance . (1301) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Af)1)1-:I): (none) . . . . . > . . . . . . . > . . . . . . . . o . . . > . . . . . . . . . . . . > . . > ® . . . . . . < . . . . . > . . . . . . �3 �4 Page 2 of 2 Publish LO112172 Postcards p PUBLIC HEARING SET FOR%_.... .`7a .............. NOTICE OF PUBLIC HEARING ----CA----------41 - `�� - -------- CODE AMENDMENT 72-20 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 6th day of November , 19 72 , for the purpose of considering a code amendment initiated by the City Planning Commission, to amend the Huntington Beach Ordinance Code, Sections 9711. 1 Abatement of Nonconforming Use, and to repeal Sections 9430.7 (g) service stations in the C2 District, and Section 9454.1 service stations in the C3 District. 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. 0 DATED:1016172 CITY OF- HUNTINGTON BEACH By:• Paul C . Jones City cleric City Clerk City of Huntington Beach The Huntington B ach Planning Commission, at their regular/&dj-ourneA meeting held . / , recommended 72 7 Of 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, su.d=a�is_t_o.f_own�rs=cf� P'"{ iiin 3ffe �of—�fr�`s bncare� �� be submitted upon your request. The applicant in this matter is (Address) (Telephone) Kenneth R. Reynolds, Planning Director By it ° V ^ D 4 Number of Excerpts None Publish Once LEGAL NOTICE NOTICE OF PUBLIC HEARING CODE AMENDW M NO 72-20 ITOTICE 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 Proposed Code Amendment to the Huntington Beach Ordina ncG Code to amend Section 97141 Abatement of Moncon and to repeal Section@ 9430.7 (g) gervies stations in the C2 Distrieta and Section 9454.1 service stations in the C3 Oiotricta Said hearing will be held at the hour of 7004 P.M. n kt9jur 3, 1972 , in the Council Chamber of the Civic Center, u tington T'r=.ach, California, on 5th Street between Main, Street n3 Orange renueo All int,.;rested persons al,., invited to attend said bearing and express their opinion:, for or against the propose(, C�,adc� ,��ndnt Further information may b(, obtained from the City Planning Department. To l ;,hono No 536-5271 DATED tlii: 2lat (jrzy ,) i' September, 1972 CITY PLANNING COMMISSION By K.A. Reynolds Secretary WHITE-CITY ATTORNEY FIB �!BLUE-CITY CLERK CITY OF HUNTTNGTON BEACH No. GREEN-CITY ADMINISTRATOR CANARY-DEPARTMENTAL ,��,��,,,�„ REQUEST for ORDINANCE or RESOLUTION Date Request made by Department Oct. 249 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 72-20 (Attached herewith) 1. Staff Report 2. Copy of Code Amendment No. 72-20 Desired effective date Signed: f / Approved as to availability of funds ov. 6, 1972 Director of Finance City Attorney—Please prepare and submit printed copies to this office b} City Administrator r JO Vv.. 29 November 1972 TO: City Council FROM: City Attorney SUBJECT : Code Amendments 72-12 and 72-20 Service Station Suffix Upon recommendation of the Planning Commission and direction of the City Council, we transmit the attached ordinance which amends the city ordinance code by adding new Article 9488 pertaining to the regulation of serv- ice stations within the city . The attached ordinance combines the two subject code amendments within such article inasmuch as both deal specifically with service station standards . The appeals procedure has been modi- fied to incorporate the customary abatement procedure , providing for two public hearings after a nuisance has been found to exist , permits the city to abate such nuisance , after failure to comply with Notice to Abate , and to place a lien upon the property to satisfy the costs incurred. Respectfully submitted, DON BONFA City Attorney WM: ahb Attachment n /!