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Home My WebLink AboutCode Amendment 76-16 - Ordinance 2134 - Amend Section 9686.1 .. fi vit ®f F9blication State of California 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. r � 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 Beach News, Nov. subscription list of paying subscribers, and said paper has been 4, 1976.- established, printed and published in the State of California, and NOTICE OF PUBLIC HEARING County of Orange, for at least one year next before the publication cooE AMENDMENT No. �s-1s ub of the first insertion of this notice; and the said newspaper is not NOTICE Is HEREBY GIVEN that a p devoted to the interest of, or published for the entertainment of any he hearng'council of the City be held un tinb the city g City ity of Huntington Beach, particular class, profession, trade, calling, race or denomination, or in the Council Chamber of the Civic any number thereof. center, Huntington Beach, at the hour The Huntington Beach New was adjudicated a legal newspaper of sibs Pon or as soon thereafter as of general circulation b Jude G. K. Scovel in the Superior Court possible, on Monday, the los f of Y g P November, 1976, for the purpose of con- of Orange County, California August 27th, 1937 by order No. A-5931. -sidering proposed Code Amendment No. 76-16, as initiated by the Planning De- �artment, including amendments. to the That the CODE AMENDMENT NO. 76—] 6 Huntington Beach Ordinance Code es- �ablishing a ,Limited Use District,," Said amendment is intended as a zone to he applied for a temporary period for the;purpose •of resolving extenuating of which the annexed is a printed copy, was published in said news- olanning or environmental issues. Said District will, permit uses generally re- 7arded' as agricultural or .open space` paper at least Otte issue uses. Additionally 'the 'amendment will allow the "02: .Combining Oil .District" o -be dombined with the ROS 'District commencing from the 4th day of November :fRecreational Open Space) by amendin? ;Section 9696.1 of the Huntington Beach Ordinance Code. 19-2-6_, and ending on the 4th day of November A. copy of the proposed, code amend• ^ment is,.on file.in the) Planning .Depart- ment :Office.,Al s 19�_ both days inclusive and as often during said teI :interested persons,are invited..• it y g period and I;adtend ,•said. hearing:and express: their - times of publication as said paper was regularly issued, and in the ag'd,inst.said Code,Amend- regular and entire issue of said pewspaper proper, and not in a meat Nq. 7ntor...iib,, ,l.Further,in)og,mation,_mav be 'obtained. supplement, and said notice was published therein on the following .;`rom the 'Office of the city Clerk. dates, to-wit: DATED: October 26, 1976. CITY OF HUNTINGTON BEACH Nov. 4 . 1976 By Alicia M. Wentworth City Clerk Publisher Subscribed and sworn to before me this 5th day of November 19-76- Notary Public Orange County, California ----------- ------ THOMAS D. WYLLIE ; t 4y� Notary Public-California s I eD Orange County °o ~ My Commission Expires e i �o.NF September 12. 1978 ----------------------------- r C�. of Huntington Beach` County of Orange State of California A ffida vit ofPublication of GEORGE FARQUHAR Publisher Huntington Beach News Filed Clerk By Deputy Clerk Publish 11/4/76 Postcards -0- NOTICE OF MBLIC HEARING CODE AMENDMENT NO. 76-16 NOTICE IS HEREBY GIVEN that a public hearing will be held by the . City Council of the City of Rdntington. 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 15th day of November , 1976 , for the purpose of Considering proposed Code Amendment No. 76-16, as initiated by the Planning Department, including amendments to, the Huntington Beach Ordinance Code establishing a "Limited Use District." Said amendment is intended as a zone to. be applied for a temporary period for the purpose of resolving extenuating planning or environmental issues. Said District will permit uses generally regarded as agricultural or open space uses. Additionally the amendment will allow the "02: Combining Oil District" to be combined with the ROS District (Recreational Open Space) by amending Section 9686.1 of the Huntington Beach Ordinance Code. A copy of the proposed code amendment is on file in the Planning Department Office. All interested persons are invited to attend said hearing and express their opinion® for or against said Code Amendment No. 76-16. Further information may be obtained from the Office of the City Clerk. DATED: October, 26, 1976 CITY OF I N BEACH '1 Y: Alicia M. Wentworth ' . City Clerk d t &iblication ayl State of California Published Huntington ,Beach News,^Oc County of Orange } ss 7,,,197,6. i:,�.�.» City of Huntington Beach ! LEGAL NOTICE `:.; .... George Farquhar, being duly st1{prn on oath, says: That he is a r 'NOTICE OF PUBLIC HEARING ......,,i citizen of the United States, over the age,of twenty-one years. CODE'.AMENDMENT-NO. 7616 That he is the rinser and NOTICE IS HEREBY GIVEN that a pub-. P Publisher of the Huntington Beach iic.,hearing will be. held by the City. News• a weekly newspaper of general circulation printed and pub- Planning Commission of the' City of ` lished in Huntington Beach, California-and circulated in the said Huntington..,Beach,• California; for the - ^+ County of Orange and elsewhere and published for the dissemination puke of considering proposed Code, Amendment' No, 76-16, including'amend-' of local and other news of a general character, and has a bona fide ments.to the Huntington Beach Ordinance' Subscription list of paying subscribers, and said paper has been Code '. stablishing a "Limited use Dis._ <, '•4 , established, printed and publishes] in the State .of California, and ,,trict�sroS'aid..amendment is.46tended,.;34; County of Orange, for at least one year next before the publication a zone to''be'-applied for a temporary .,period for,the purpose of resotvirig ex•� of the first insertion of this notice; and the said newspaper is not r tenuating,planning or environmentpl is- devoted to the interest of, or published for the entertainment of any sties.' Said District' will permit uses particular class, profession, trade, calling, race or denomination; or general regarded as agricultural or , , .open space uses. any number thereof. Additionally_the amend- any .will,allow the "02t Combining oil The Huntington Beach New was adjudicated a legal newspaper District,'. to be combined with the ROS_ of general circulation by Judge G. K. Scovel in the Superior.Court District {Recreational Open -pace) by of Orange County, California August 27th, 1937 by order No.A-5931. amending section° .1 of'the Hunt- a ingtori Beach ordinance Code. A copy of the proposed ,code sine nd- That the CODE AMENDMENT NO, 76-16 '.ment Is on file to the Planning Depart. •ment office., •, Said hearing will be held at the hour •` of 7:00 P.M., on;October 19, 1976, in i the Council, Chambers Building of the of which the annexed is a printed copy, was published in said news- Civic Center,'20� Mein,Street;:Hunting- 1 ton.Beach, California., one issue All interested persons are invited to ! paper at least °' attend .*aid hearing and express their opinions for or 1 against the. proposed t' Code Amendment No.-76-16. ' commencing from,the 7th day of October Further information *may be obtained from the, City Planning Department. � October Telephone No. (71d) 536.5271. 19�6 �q. and ending on the 11 day of DATEQ this 7th day of October, 1976. CITY ,PLANNING COMMISSION By Edward.D. Selich I 19_Z6_ both days inclusive, and as often during said period and Acting.Secretary times of publication as said paper.was regularly issued,.and'in the - regular and entire issue of said pewspaper proper, and not in a supplement, and said notice was published therein on the following dates, to-wit: P blisher Subscribed and sworn tot'before me this 8th day of October 19__7_6.. f Notary Public Orange County, California --•--THOMAS D. WYLLIE Notary Public•Celifornio r �•^' ._�" °` ^" 1F� Orange County My Commission Expires r �+ ��•' ' w :-------J ---September 12, 197i+` i +" (.�',,_'�y:�,r. .q,�:��.ti��.,��-�.'"�,.;;-+.• dt5,a' `+.ds.L`�.�.��+.a -�'.."'4�ay., �c�'*�,�,,�p•11��r!'G�,�','��V��~:1,V�1. 4 '.' , r-•+!r'�a��4'..+.-.'�'-�` ,�`!�'`p;9,�•'��1 ' 7 'w��vA.. �.'+.,"C l�.a14�"`�.C."'•�.d+ ,,;-T+1"+~�.•r�yi!h`wr,-7".I..J.�f'v'.,=;_ r�'«rC, �^;�.a.., y.t� �»+,.�fL"� Co,de,Amendment No . 76-16 ORDINANCE NO 2134 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9686 . 1 THEREOF AND ADDING THERETO ARTICLE 969 . 5, PERTAINING TO LIMITED USE DISTRICT The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Ordinance Code is hereby amended by amending Section 9686. 1 to read as follows : 9636 . 1 RESTRICTED AREA. The "02" District may be combined with the P71, M2, e-P RA, ROS, or, LU Districts. SECTION 2 . The Huntington Beach Ordinance Code is hereby amended by adding thereto Article 969 . 5 to read as follows : ARTICLE 969 . 5 LIMITED USE DISTRICT 9690. 5. Z PURPOSE. This articZe estabZishes a district to be appZied to an area for a temporary period for the purpose of . further pZanning and for zoning or environmentaZ issues . Land in an LU District shaZZ not be subdivided for residentiaZ, commerciaZ, or industriaZ purposes untiZ it is rezoned. 9690. 5. 2 USES PERMITTED. The foZZowing uses are permitted in an LU District: Farming or grazing Riding or hiking traiZs Apiaries Field crops Orchards or groves Greenhouses Fishing ponds Boating Picnic grounds Water skiing Bird sanctuaries 9690. 5. 3 DEVELOPMENT STANDARDS. The foZZowing deveZopment standards shaZZ appZy to aZZ permitted uses . (a) Minimum site area The minimum site area shaZZ be not Zess than ten (ZO) acres . JOC :er 1. (b) Maximum building height: The maximum building height shall not exceed twenty-five (25) feet. (c) Lot coverage : The ground fZoor area of all roofed structures shall not occupy more than ten (ZO) percent of the site area. (d) Front yard requirements : The front yard setback shaZZ be a minimum of fifty (50) feet, landscaped; and free from any structures and parking areas . (e) Side yard requirements : Interior side yards shaZZ be a minimum of twenty-five (25). feet. Exterior side yards shall be a minimum of fifty (50) feet, landscaped and free from any structures and parking areas . (f) Rear yard requirements . The rear yard setback shall be a minimum of twenty-five (25) feet. (g) Parking requirements. Parking shaZZ conform to ArticZe 979. (h) Apiary requirements . Apiaries shall maintain a minimum distance of One thousand (ZOOO) feet from any inhabited area. SECTION 3. 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 news- paper 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 6th day of December, 1976 . ...:_ ._,.- +4+.a°RSSNsrn.csr+xszP:R;+::.�v.^s.�.�.e4�+:s„!- -•. _ Mayor e •, �J'77"" lie Cl y er APPROV D AS TO CONTENT: APPROVED AS TO FORM: I ty Administrator City Attorney APVOV , INITIATING DEPARTMENT: NO FISCAL IMPACT FISCAL IMPACT FISCAL Ili PAC 3 f _E;'t_'LA;:ETED 2. REQUIRES FINANCIAL IMPACT REPORT WHITE-CITY ATTORNEY BLUE C I TY CLERK CITY OF HUNTINGTON BEACH No. - GREEN-CITY ADMINISTRATOR CANARY-DEPARTMENTAL REQUEST for ORDINANCE nt Date Request made by Department 10/20/76 Dave Eadie 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: Please prepare an ordinance for. presentation .to .the. City Council . regarding Code Amendment 'No.. 76-16 "Limited. Us.e _District. " Attached is a draft ordinance- which was. approved by the. Planning Commission on October 19, 1976. with .the one-word amendment as noted thereon. This ordinance will be on the .Council's November 15, 1976. agenda. Thank you for your cooperation in this ,matter. Desired effective date S ned: Approved as to availability of funds Director of Finance City Attorney—Please prepare and submit printed copies to this office by: City Administrator bLL Huntington each Planning Commission o e :i. P.O. BOX 990 CALIFORNIA 92648 TO: Honorable Mayor and City Council FROM: Planning Commission DATE: October 29 , 1976 ATTN: Floyd G. Belsito, City Administrator RE: CODE AMENDMENT NO. 76-16 "LIMITED USE DISTRICT" Attached herewith is proposed Code Amendment No. 76-16 "Limited Use District" approved by the Planning Commission on October 19 , 1976. The proposed amendment would establish a zoning designation which is intended to be applied to property for a temporary period of time in order to address further planning or environmental issues. The LU District allows uses of a temporary nature for the purpose of maintaining a low level of development. This designation would be applied to such areas as the Bolsa Chica and as the planning issues become resolved in that area, the zoning would be changed again to reflect the desires of the City pertaining to long-term land use of the area. In addition to the establishment of a Limited Use District, the Code Amendment also would amend Section 9686. 1 of the Ordinance Code pertaining to the zoning districts in which the -02 Combining Oil Districts Suffix designation may be applied. The amendment permits the -02 designation to be applied to the Recreational Open Space District (ROS) and the Limited Use District (LU) . The proposed ordinance establishing the category of LU, Limited Use District has been included in the zoning and General Plan consistency matrix section of the General Plan. In application, the LU District would be consistent with all land use categories of the General Plan. ON MOTION BY BOYLE AND SECOND BY NEWMAN CODE AMENDMENT NO. 76-16 WAS APPROVED BY THE PLANNING COMMISSION ON OCTOBER 19, 1976 BY THE FOLLOWING VOTE: AYES: Finley, Gibson, Newman, Boyle NOES: None ABSENT: Parkinson, Slates, Shea �V Page Two ENVIRONMENTAL STATUS: The Department of Environmental Resources issued a Notice of Deter- mination stating that the subject code amendment would be exempt from further environmental documentation as this issue surfaced in the City Council' s deliberations regarding Negative Declaration No. 76-68 pertaining to the prezone of the Bolsa Chica, therefore, no further environmental documentation is necessary. RECOMMENDATION: The Planning Commission recommends approval of Code Amendment No. 76-16. Respectfully submitted, ZE w 4rO�e1ich Acting Secretary EDS:DE:gc Attachments: Ordinance Oct. 19, 1976 Staff Report Notice of Determination 76-51 NOTICE OF EXEMPTION TO: Planning Department PROJECT,APPLICATION, OR PERMIT NO: The establishment of a new zoning district to be applied to various portions of Bolsa Chica. PROJECT TITLE/DESCRIPTION/LOCATION: Prezone designation for Bolsa Chica PROJECT SPONSOR: Planning Department EXEMPTION IDENTIFICATION: El Categorical Exemption ❑ Ongoing Project See. See.15070 Class ❑ Emergency Exemption a Activity not Defined as Project See.15071 (b) & (c). See.15037 (b) Ministerial Project I "I Other(Explain) ❑ See.15073 I %S. 15060 CEQA The project(private)is a lesser part of another project for which an EIR has previously been prepared;the original project and EIR were approved, and there were no substantial changes proposed in the project to involve new environmental impacts not considered in the original EIR. (Sec.15067) Original EIR Number: Date Approved: Pursuant to the CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970 and provisions of the HUNTINGTON BEACH ORDINANCE CODE,which provide that an activity is exempt from environmental evaluation where it can be determined with certainty that the activity will not have a significant effect on the environment,the activity referenced herein is therefore granted EXEMPTION STATUS with the following statement of findings: * On Sept. 7 , 1976, the City Council of the City of Huntington Beach amended the Negative Declaration application 76-68 to prezone a major portion of Bolsa Chica by instructing staff to originate a different zoning designation to preclude the development that could be proposed under the Residential Agricultural (RA) zoning. Staff has originated the new zoning designation Limited Use District (LU) to allow existing uses to continue and preclude any future development until further general plans and environmental documents are originated. This change in zoning designation does not change the circumstances or conditions under which the previously approved Negative Declaration was granted. �'l%1 a Yrtru• �' '� -� �' 10/14/7 6 Name and Title Of Person Certifying Request Date: Melvin A. Tooker Dept. of Environmental Resources huntin ton ,each planning department Stuff lei art TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT DATE: October 19 , 1976 RE: , CODE AMENDMENT NO. 76-16 "Limited Use District" SUGGESTED ACTION: " Approve Code Amendment No. 76-16 establishing the zoning category of LU- Limited Use District. 1. 0 BACKGROUND INFORMATION: At its September 28 , 1976 study session, the Planning Commission directed the Staff to prepare 'a code amendment which would establish the Limited Use District containing development standards as generally outlined in the staff report. 2. 0 SUMMARY OF PROPOSED AMENDMENT: The Limited Use District permits land uses of a temporary nature for the purpose of maintaining a low level of development. This desig- . nation would be applied upon certain property in order to afford a reasonable time period to culminate planning and environmental programs addressing long-term development. The Limited Use District is intended to be applied to portions of the Bolsa Chica which were recently prezoned. In addition to the various uses permitted embodied in the code amend- ment, the staff has recommended several development standards per- taining to building height, lot coverage, and setbacks. In addition, Section 9686. 1 of the Ordinance Code pertaining to which districts the -02 combining oil district suffix designation may be combined with was amended to include both the Recreational Open Space district (ROS) and the Limited Use District (LU) . 3. 0 ENVIRONMENTAL STATUS: The Department of Environmental Resources issued a Notice of Deter- mination stating that the subject code amendment would be exempt from further environmental documentation as this issue surfaced in the City Council' s deliberations regarding Negative Declaration No. 76-28 pertaining to the prezone of the Bolsa Chica, therefore, no further environmental documentation is necessary. r Page Two 4 . 0 FISCAL IMPACT OF PROPOSED LEGISLATION: None 5. 0 RECOMMENDATION: The staff recommends approval of Code Amendment No. 76-16. ATTACHMENTS: 1. September 28, 1976 Staff Report 2 . Draft Ordinance 3 . Notice of Determination E: gc II