HomeMy WebLinkAboutCode Amendment 86-18 - Ordinance 2858 - Unclassified Uses - i _ 7v
Auttorized to Publish Advertisements o )nds including public
noiltes by Det'rte of the Superior C. , of Orange County.
Qalifornie, Nur'lber A-6214, dated 29 September, 1961. and
A-24831, dated 11 June, 1963.
STATE OF CALIFORNIA
i
County of Orange Pubhc HOUu 01,0r61NMnp cowed
by this amdord q w ,n 7 point
+rim 10 pKa column Width
BY CITY COUNCIL
I am a Citizen of the United States and a resident of
the County aforesaid-, I am over the age of eighteen 19
years, and not a party to or interested in the below
entitled matter. I am a principal clerk of the Orange
� •rY crJ>;xx
Coast DAILY PILOT, with which is combined the
NEWS-PRESS, a newspaper of general circulation,
printed and published in the City of Costa Mesa,
County of Orange, State of California, and that a PUBLIC NOTICE_
NOTICE OF '
Notice of PUBLIC. HEARING PUSLICHEARING
CODE AMENDMENT
NO.ttt5-18"
UNCLASSIFIED USES.
NOTICE IS HERgBY
O} which GO GIVEN.that the Huntlngtoh
copy attached hereto is a true and complete Beach City council will hold
a public hearing In the Coun-
copy, was printed and published in the Costa Mesa, cll Chamber at the Hunt-
Ington Beach Clvlc.Center,
Newport Beach, Huntington Beach, Fountain Valley, 2000 Main Street, Hunt-
se
Beach,California,on
Irvine, the South Coast communities and Laguna thedic d e and
at the ti man
Beach issues of said newspaper for ONE TIME consider the statements of
ell persons who wish to be
consecutive weeks to wit the issue(s) of heard relative to the appll-
cation described below.
DATE: Monday, July 21,
1986_
TIME:7.30 P.M.
APPLICATION NUMBER:
Code Amendment No.86-18
July 8 198 6 LOCATION:City-wide
PROPOSAL:To repeal ex-
Isting Article 933 of the Hunt-
lIngton Beach Ordinance
egg !Code and add new Article
�963 related to Unclassified
IUses and retitle Chapter 96
"General Provisions."
198 ENVIRONMENTAL
STATUS:The proposed
tact is categorically exempt
Itrom the provisions of the
1 gg ICellfornia Environmental
Quality Act. of the
ON FILE: A copy
proposed ordinance Is On
g 8 Iflle In the Department of De-
velopment Services•
ALL INTERESTED PER-
SONS are Invited to attend
said hearing and express
opinions or submit evidence
I declare, under penalty of perjury, that the for or against the application
as outlined above.,All appll-
foregoing is true and correct. cations, exhibits, and de-
scriptions of this proposal
are on-file with the Offlce Of
the city Clerk, 2000 Mein
Executed on July 8 r 198 6 Street,
Huntington
for Inson Beach,
CtIOn by
at Co a Mesa, lifornia. the public.
CITYTINOc�"sr AID
M. Wentworth, City Clerk
phony(714)538-IiW6
Dated:July 1,1986
Signature Published Orange Coast
Daily Pilot July 8,1986 T252
2� PROOF OF PUBLICATION
r
REQUES . - FOR CITY COUNCIL ACTION
Date July 21 , 1986
Submitted to: Honorable Mayor and City Council
Submitted by: Charles W. Thompson, City AdministratorOAr
Prepared by: James W. Palin, Director, Development Services
d
Subject: CODE AMENDMENT NO. 86-18, UNCLASSIFIED USES
Consistent with Council Policy? Yes [ ] New Policy or Exception �/
GO
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative�bbons? achments: i
STATEMENT OF ISSUE:
rrx
GLFK�
Code Amendment No . 86-18 reorganizes and streamliner"tie pro
for unclassified uses, those uses permitted in most districts
subject to Planning Commission approval . The ordinance would repeal
existing Article 933 and add the new Unclassified provisions as
Article 963 and retitle Chapter 96, "General Provisions . "
RECOMMENDATION:
Planning Commission action and recommendation on June 3, 1986 :
ON MOTION BY SCHUMACHER, SECOND BY ERSKINE, PLANNING COMMISSION
RECOMMENDED APPROVAL OF CODE AMENDMENT NO. 86-18 AND ADOPTION BY THE
CITY COUNCIL, BY THE FOLLOWING VOTE: .
AYES: Rowe, Schumacher, Livengood, Erskine, Porter , Mirjahangir
NOES: None
ABSENT: Winchell (Out of Room)
ABSTAIN: None
Staff recommendation is identical to that of the Planning Commission .
ANALYSIS•
No major content changes have been made in the revised Article 963.
The following list summarizes the minor changes :
1 . The two lists of unclassified uses in the current code have
been combined, and arranged in alphabetical order so that it
will be easier to find specific uses . Those uses marked with
an asterisk , as is noted in the draft ordinance, are not
permitted in a residential district .
2. Provisions for temporary uses in the RA District have been
deleted. These provisions were for operations displaced by a
governmental agency's purchase of property. Since they only
pertain to the RA District, they should appear in Article 910 .
A subsequent code amen,dment will be processed for this purpose .
P10 4/84
r
3. Provisions for temporary storage of recreational vehicles in
the M1-A District have been deleted from Unclassified but will
be inserted in M1-A provisions. Code Amendment No. 86-20 will
"clean up" the Industrial districts and incorporate these
provisions in new Article 930.
4. Provisions for game arcades have already been moved to new
Article 922, Cl , C2, C4 Districts, and are listed as approved
by the Board of Zoning Adjustments .
5. Provisions for Wind Energy Conversion Systems have been
streamlined.
6. Temporary use provisions for contractor ' s storage yards and
mulching operations have been revised. These provisions were
added by Code Amendment No . 84-17 and were not intended to
allow all types of temporary uses , but only the two listed .
Section 9630 and 9631 now refer only to the two uses and not
the general term of "temporary uses" .
7. Utility facilities have been added to the list of unclassified
uses . The Unclassified Uses section is an appropriate place
for them to be included. Current code makes no provision for
such uses which do exist within the City.
ENVIRONMENTAL STATUS:
The proposed project is categorically exempt from the provisions of
the California Environmental Quality Act .
FUNDING SOURCE:
Not applicable .
ALTERNATIVE ACTION:
Modify ordinance as desired .
ATTACHMENTS:
1 . Ordinance
2. Existing Article 933
3. Planning Commission Staff Report dated June 3, 1986
JWP:JA:kla
RCA - 7/21/86 -2- ( 5555d )
PLANNING' _ 40 SPECIAL DEVELOPMENTS S. 9330
ARTICLE 933
UNCLASSIFIED USES
(1940-9/74, 2313-9/78, 2398-10 79, 2568-9 82, 2599-2/83, 2632-8/83, 2729-10/84,
2781-9/85)
S. 9330 INTENT AND PURPOSE
S. 9331 UNCLASSIFIED USES SUBJECT TO CONDITIONAL USE PERMIT
S. 9331.1 TEMPORARY USES SUBJECT TO A CONDITIONAL USE PERMIT
S. 9331.1.1 LANDFILLS OR LAND DISPOSAL SITES. CONDITIONAL USE PERMIT
REQUIRED
S. 9331.1.2 LANDFILL EXCAVATIONS AND LAND DISPOSAL SITE. DEFINITIONS
S. 9331:1.3 EXCAVATION ACTIVITY. OPERATIONS PLAN REQUIRED
S. 9331,'1.4 EXCAVATION ACTIVITY. APPROVAL OF OPERATIONS PLAN
S. 9331.1.5 HAZARDOUS WASTE SITES
S. 93311.1.6 CONTENTS OF OPERATION PLAN
S. 9331.1.7 EXEMPTIONS
S. 9331.1.8 EXCAVATION ACTIVITY PROHIBITED
S. 9331!2 TEMPORARY RECREATIONAL VEHICLE STORAGE IN Ml-A DISTRICTS
S. 9331.3 TEMPORARY USES SUBJECT TO A CONDITIONAL USE PERMIT
S. 9332 ', UNCLASSIFIED USES SUBJECT TO A CONDITIONAL USE PERMIT
S. 9333 ' DEVELOPMENT STANDARDS
S.9330 INTENT AND PURPOSE. The purpose of this article is to
establish a procedure whereby the Planning Commission may
approve certain uses that possess characteristics of such unique and special
form as to make impractical their automatic inclusion within any class of use
.specified for a district. The location and operation of such uses shall be
subject to approval of conditional use permit,. provided that a conditional use
permit may not be granted in any district where the regulations and provisions
prohibit such use.
S.9331 UNCLASSIFIED USES SUBJECT TO CONDITIONAL USE PERMIT. A
conditional use permit may be granted in all districts
except in Al, SP-1 and Sl for the following unclassified uses:
(a) Parking lots which conform to Article 979.
(b) Churches. Ten percent of the parking area shall be ' landscaped and
permanently maintained.
(c) Colleges, universities, private schools, elementary and secondary
public schools. Ten percent of the parking area shall be landscaped
and permanently maintained.
(d) Day care centers and day nurseries subject to the following:
(1) Seventy-five (75) square feet of outdoor play area shall be
required for each child; provided further that in no
circumstances shall the total .outdoor play area be less than five
hundred (500) square feet. Such play area shall be planted with
grass and enclosed by a six (6) foot high fence. Any gate
leading to such play area shall be securely fastened, or such
play area shall be supervised at all times. (2313-9/78)
9/85
�� me,+
S• 9 31(d)(2) SPECIAL DEVELOPMENTS_ �LANNING
(2) Thirty-five (35) square feet of play area shall be provided
within the building for each child.
(3) Ten (10) percent of the parking area shall be landscaped.
(e) Public utility substations that do not exceed one (1) acre in total net
area, excluding switchyard.
(f) Private recreation areas and/or uses for the exclusive use by
homeowners of a subdivision.
(g) Rooming and/or boarding houses except in single-family residential or
low-density districts.
(h) Horticulture as defined in Section 9700.8 (2)
(i) Retail Nurseries - provided that retail nurseries in the commercial
districts as well as wholesale nurseries in the RA and Al districts are
not subject to a conditional use permit (1940-9/74)
(j) Wind energy conversion systems subject to the following:
(1) Wind energy conversion systems (WECS) shall be located within the
rear two-thirds (2/3) of the lot and shall comply with the
setback requirement contained within each base district. Where a
wind energy conversion system is to be located within a
commercial or industrial district, the minimum rear yard setback,
adjacent to property zoned residential, shall be twenty . (20)
feet. Wind energy conversion systems within residential
districts shall be designed and engineered to eliminate guy wires
and shall not have a base larger than four (4) square feet. Wind
energy conversion systems shall not be permitted within the
required open space area on the lot. The design of the wind
energy conversion system shall not create noise, strobing effect,,
or similar nuisances that may be detrimental to the immediate
area. When the Director of the Department of Development
Services determines that a nuisance will be created, he shall
then designate in writing what steps or procedures must be taken.
by the property owner or operator to abate the potential nuisance:
(2) The maximum height of the highest point of the wind energy
conversion system (WECS) shall not exceed sixty (60) feet from
grade. The lowest portion of the blades shall not be less than
fifteen (15) feet from grade.
(3) Each wind energy conversion system must be equipped with both
manual and automatic controls to limit the rotational speed of
the blade within the design limits of the rotor. The application
must include a statement by a Calif ornia-reqisteredprofessional
engineer (the type of engineer submitting the certification shall
be approved by the Director of Development Services) certifying
that the rotor and overspeed controls have been designed and
fabricated for the proposed use in accordance with good
engineering practices. The engineer should certify the
structural compatibility of the proposed tower with the rotors.
9/85
G
SPECIAL DEVELOPMENTS S. 9331 4
(4) Electromagnetic Interference. The wind energy conversion system
shall be operated such that no disruptive electromagnetic
interference is caused. If it has been demonstrated to the
Director of the Department of Development Services that the wind
energy conversion system is causing harmful interference, the
operator, upon written notification, shall promptly mitigate the
harmful interference to the satisfaction of the Director of
Development Services.
(5) Utility Notification. For those wind energy conversion systems
which will be interconnected to a utility grid, no wind turbine
shall be installed until the utility company has approved such
installation in writing. A copy of such approval shall be
submitted to the Department of Development Services . prior to
installation of the wind turbine. The utility company shall be
notified of the installation of a wind energy conversion system
whether or not the .property owner or operator intends to connect
the system to a utility grid.
(6) Abatement. If a wind energy conversion system or systems are not
maintained in operational condition and pose a potential safety
hazard (to be determined by the Director of Development
Services) , the owner or operator shall take expeditious action to
remedy the situation. The City may summarily abate any such
hazardous situation and pass the cost of such abatement on to the
owner or operator of the system. If the City of Huntington -Beach
determines that the system has been abandoned and poses a safety
hazard, such system shall be removed within thirty (30) days upon
receipt of written notice to the owner or operator of the system.
(7) Annual Inspection Required. Annually, the permittee shall submit
a statement from an Engineer, registered to practice in the State
of California, stating that the system, including the base and
the, blades, is in sound working condition and does not pose a
hazard to the public health, safety or welfare.
(8) Further Requirements. The Planning Commission may impose such
additional and further requirements as are made necessary by
special or unusual circumstances of the location and site of the
proposed installation. (2632-8/83)
S. 9331.1 TEMPORARY USES SUBJECT TO A CONDITIONAL USE PERMIT.
Temporary uses may be established upon property which is
.located within an area of the City that is transitionally zoned RA,
"Residential Agriculture." The use so established shall be one which is
similar in nature to the prevailing surrounding uses within the general area.
A conditional use permit may be granted for such temporary use provided:
(a) Approval shall not be granted for a length of time to exceed five (5)
years.
(b) Parking, access, setbacks, and landscaping and all other provisions of
Division 9 shall be complied with as if such use were permitted within
a specific zoning district in which it would be an allowable use. .
9/85
S. 9331.1(c) SPECIAL DEVELOPMENTS PLANNING
(c) Such temporary use shall be the result of a use that has- been displaced
from its location by action of governmental agency through direct
acquisition of the existing parcel upon which the use was located.
(d) The Planning Commission reserves the right to rescind this conditional
use permit approval in the event of any violation of term of this
application for violation of the applicable zoning laws. Any such
decision shall be preceded by a notice to the applicant, a public
hearing, and shall be based upon specific findings. (2398-10/79)
S. 933141.1 LANDFILLS OR LAND DISPOSAL SITES. CONDITIONAL USE PERMIT
REQU, IRED. A conditional use permit may be granted for
excavation of land ills or land disposal sites, except in the S1 district,
subject to the requirements set out in this article.
S. 9331.1.2 LANDFILL EXCAVATIONS AND LAND DISPOSAL SITE.
DEFINITIONS. The following words and phrases shall be
construed as defined herein unless a different meaning is apparent from the
contexts
(a) "Excavation" shall mean any activity and/or movement of material which
exposes waste to the atmosphere.
(b) "Land disposal site" shall mean any site where land disposal of Group
I, II or III waste, as defined by the California Administrative Code,
has been deposited either legally or illegally on or into the land,
including but not limited to landfill, surface impoundment, waste
piles, land spreading, sumps, and coburial with municipal refuse.
This article is not intended to apply to grading and surcharging operations
permitted under Appendix Chapter 70 of the Uniform Building Code. Permits for
grading on previously approved development projects shall be .subject to the
discretion of the Director of Development Services.
S. 9331.1.3 EXCAVATION ACTIVITY. OPERATIONS PLAN REQUIRED.
. (a) No person shall conduct any excavation activity at any land disposal
site in the city of Huntington Beach without first submitting to the
city an operations plan, approved by the Director of Development
Services. Such plan shall include complete information regarding the
identity, quantity and characteristics of the. material being excavated,
including a chemical analysis performed by a laboratory, acceptable to
the city, together with the mitigation measures that will be used to
insure that health hazards, safety hazards, or nuisances do not. result
from such activity.
(b) Mitigation measures contained in the operations plan may include gas
collection and disposal of waste, encapsulation, covering waste,
chemical neutralization, or any other measures deemed necessary 'by the
city.
(c) Ambient air quality monitoring, as well as other monitoring or testing
deemed reasonably necessary, shall be included in the operations plan.
9/85
I SPECIAL DEVELOPMENTS S. 9331.1.4
S. 9331.1.4 EXCAVATION ACTIVITY. APPROVAL OF OPERATIONS PLAN.
(a) The city shall not approve an operations plan unless such plan includes
provisions for the immediate cessation of excavation activity when the
operator, or any agent thereof, of a land disposal site has been
notified by the city that a nuisance, health or safety hazard has or is
about to occur as a result of such activity therein.
(b) Upon determination by any government agency that a nuisance, safety or
health problem exists on any land disposal site in the city, mitigation
measures, contained in the operations plan, shall be implemented
immediately.
S. 9331.1.5 HAZARDOUS WASTE SITES. For any land disposal site
determined to be a hazardous waste site by the state
Department of Health Services and/or the City of Huntington Beach, the
following additional measures shall be taken prior to excavation of such site:
(a) All property owners within a one-half mile radius of the site shall
receive written notice of all public hearings to be held regarding
proposed excavation on the site. The cost of preparing and mailing
such notice shall be paid by the operator/applicant.
(b) A type of bond, acceptable to the City Attorney, shall be posted by the
operator/applicant insuring that necessary funds are available to
restore the site to a safe condition if excavation is prematurely
terminated.
(c) Excavation of the site shall be performed in accordance with the
requirements of the state Department of Health Services, and any other
public agency with jurisdiction over hazardous waste sites.
S. 9331.1.6 CONTENTS OF OPERATION PLAN. The operations plan shall
contain the following:
(a) A plan establishing lines of authority and responsibility. between
public agencies and the operator/applicant, or his agents, during
excavation. The plan shall contain specific procedures to be followed
by all responsible parties involved with the excavation.
(b) A plan containing specific measures to monitor air quality to be
implemented during excavation to prevent the exposure of on-site
workers or area residents to unhealthful vapors from the site. If
deemed necessary by the state Department of Health Services, the plan
shall also include specific measures for evacuation of residents in the
vicinity of the site.
(c) A plan showing specific routes for vehicles transporting hazardous
wastes from the site.
(d) A plan containing specific steps for restoration of the site to a safe
condition if excavation is terminated prematurely.
S. 9331.1.7 EXEMPTIONS. The following activities shall be exempt from
the requirements of this article unless otherwise
determined by the Director of Development Services:
9/85
S. 9331.1.7 a) 4P SPECIAL DEVELOPMENTS PLANNING
(a) The drilling of holes up to twenty-four (24) inches in diameter for
telephone or power transmission poles or their footings.
(b) The drilling of oil wells, gas wells or landfill gas collection wells
or the maintenance of gas or leachate collection systems.
(c) The city may exempt from the requirements of this article any
excavation activity which has been determined to pose an insignificant
risk, or any activity which has been covered sufficiently in a plan
prepared for any other agency having jurisdiction over the site.
S. 9331.1.8 EXCAVATION ACTIVITY PROHIBITED.
(a) No person shall excavate at any land disposal site in the city of
Huntington Beach unless he or she first certifies that all applicable
regulations of other public agencies with jurisdiction over hazardous
waste sites have been met.
(b) Compliance with the provisions of this article shall not exempt any
person from failing to comply with the requirements of the California
Health and Safety Code, and any other applicable codes, rules or
regulations.
S. 9331.2 TEMPORARY RECREATIONAL VEHICLE STORAGE IN M1 A DISTRICTS.
Temporary storage of recreational vehicles may be permitted
on property in an M1-A district with an established use where all street
improvements have been made or will be made before storage of recreational
vehicles is allowed subject to the following:
(a) The property shall consist of five (5) or more acres of which not more
than 50 percent of less than one (1) acre may be used for storage of
recreational vehicles.
(b) Recreational vehicle storage may be established for a period not to
exceed five (5) years from the date of approval.
(c) All temporary storage facilities shall be screened from view from
public streets and adjacent properties by a slatted fence, wall, or
combination thereof, not less than six (6) feet high.
(d) Setbacks shall comply with those established for the property, and
shall be fully landscaped.
(e) Storage lots shall be paved with all-weather material approved by the
Fire and Public Works Departments.
(f) Access roadways shall conform to the requirements of the Huntington
Beach Fire Code.
(g) No temporary recreational vehicle storage shall be permitted where such
use would decrease the parking required for the established use, as set
out in Article 979 of this code. (2568-9/82)
S. 9331.3 TEMPORARY USES -SUBJECT TO A CONDITIONAL USE PERMIT.
Temporary uses, including contractor's storage yards in
conjunction with public facility improvement contracts and mulching
operations on unimproved public or private property, may be established in any
9/85
EliMING SPECIAL DEVELOPMENTS S. 9331.3
district except an agricultural district or special zone district upon
application for and issuance of a conditional use permit, subject to the
following requirements: (2729 10/84)
(a) Initial approval shall not be granted for more than two (2) years.
Thereafter such temporary use may be approved by the Planning
Commission for an additional year, with a maximum of three. (3) such
one-year extensions. (2729 10/84)
(b) The permittee shall comply with parking, access and setback
requirements contained in this code. Such temporary use shall be
subject to such additional conditions and/or development standards as
are required by the Planning Commission and the City Council. (2729
10/84)
(c) The city reserves the right to rescind such conditional use permit in
the event of any violation of the terms of the permit or violation of
any applicable zoning laws. Any such recision shall be based on
factual findings, preceded by notice to the permittee, and a public
hearing. (2729 10/84)
S. 9332 UNCLASSIFIED USES SUBJECT TO A CONDITIONAL USE PERMIT. A
conditional use permit may be granted in all districts
except residential, Al, SP-1 and S1 for the following unclassified uses:
(a) Public and quasi .uses such as private clubs or lodges, rest homes,
sanitoriums, convalescent hospitals and hospitals.
(b) Airports (general aviation stage one).
(c) Heliports.
(d) Amusement enterprises.
(e) Transportation 'terminals.
(f) Commercial recreation uses and/or centers excluding golf courses.
(g) Golf diving range.
(h) Kennels, animal hospitals or clinics.
(i) Miniature golf courses.
(j) Museums.
(k) Open air and/or drive-in theaters.
(1) Commercial horse stables pursuant to all provisions of Articles 938 and
939.
(m) Radio or television transmitters.
(n) Recreational vehicle parks subject to locational criteria as adopted by
Resolution of the City Council.
9/85
I
S. 933ZCo SPECIAL DEVELOPMENTS _ PLANNING
(o) Post offices.
(p) Health centers and health clubs (over 2500 square feet) subject to the
following:
(1) If the facility includes the . installation of handball, racquet,
or tennis courts, the parking requirement shall be four (4)
spaces for each court plus any additional parking spaces deemed
necessary by the Planning Commission for floor area not
calculated as court area.
(2) If the facility does not include the installation of handball,
racquet or tennis courts, the parking requirement shall be one
(1) space for each two hundred (200) feet of gross floor area.
(q) Game arcades subject to the following:
(1) The facility shall be separated from all. property general-planned
and zoned for residential use by a buffer which may include, but
is not limited to buildings, utility easements, permanent open
space, or arterial streets. Block walls shall not be considered
buffers. Buffers shall be sufficient to separate residential
properties physically and acoustically from noise, trash, and any
other nuisance generated by patrons of the arcade.
For the purpose of this subsection, permanent open space shall
include golf courses, park _ sites,• public utility and flood
control rights-of-way at least one hundred (100) feet in clear
width, and two hundred (200) feet, of parking lot or landscaped
area.
(2) The facility shall not be located closer than one-half mile by
the shortest walking distance to any elementary, junior or senior
high school.
(3) The facility shall be situated in a commercial area at an
intersection with a traffic signal.
(4) Hours of operation shall be established by the Planning
Commission.
(5) To eliminate obstruction of the public sidewalk and entryway to
the facility, a special area shall be set aside and designated
for bicycle parking or bicycle racks shall be provided.
(6) There shall be at least one supervisory employee in attendance
eighteen (18) years or older during operating hours. (2599-2/83)
S. 9333 DEVELOPMENT STANDARDS. Base district development
standards shall be complied with provided that the Planning
Commission, pursuant to Article 984, may impose more restrictive requirements.
9/85
huntihotoh-be4ch develooment' sorvices depar,
tfient
GAFF
..............
Pi'anning Commission '.
FROM Devei'opment-- Services'
DATE Ju e 3, 1986
:, n
:. SUBJECT: CODE AMENDMENT NO. 86-18
APPLICANT: .' city of. Huntington Beach .
.�,REQUEST:,�.'. ;�-.';._, To :re pea, existing. Article 933 and. add-:'n6W Article 963,
Uriclassified'. Uses- "-" And to retitle -Chapter: 95
,
"General Provisions" , vd_
1.0r,-' SUGGESTED ACTION
" Approve Code Amendment No..- 86-18 and recommend adoption by the City-I
Council, -.
V
2 GENERAL. INFORMATION.` _
e code
This- item was contihued- from. 11'the meeting'._of May 6 1986Th'1
amendment. reorganizeSbIr, .e provisions ' f or unclassif ied.-.' 'uses .:those' '
s - permitted inl,mbst" di'stricts,,,subject. to ..Planning. .Commission
has b .
approval'. ±hiE�.! article number een changed-from 933 to :963.
3.0 ENVIRONMENTAL STATUS:
The' proposed project, is categorically exempt from the provisionsof:,
the California Environmental Quality Act . ,
j,
4.0 . , CONTENT CHANGES:_
No major content changes have been made in' the revised Article 9630
The:. following .,list *.summarizes- the minor changes:-,.
, .
1 The two: fists,�,:�of" linclasslflL-d* uses in 'the 'current-"code have
been combined andarranged in alphabetical. 'order, 'so 'that it
will be easier to find speci c-'fi uses'" Those uses marked with
an asterisk it' is noted in the draft ordinance', are not
permitted in a residential district
2 Provisions for temporary, uses in the _RA Drstrict-have been
deleted. These provisions 'we- re' for operations, displaced�,by,, a,
.
governmental-.agency-'s purchase- of property..
Since they only
in r
pertain to the- RA District.i. .tfiey ' should appear ill ".A ticle....910
A '
, "*. e.' - �,�" be ,- rocess for;subsequ4n; t code amendment wili" a this purpose
A-FM 23A
j
3 . Provisions for temporary storage of recreational vehicles in
the M1-A District have been deleted from Unclassified but will
be inserted in M1-A provisions. Code Amendment No. 86-20 will
"clean up" the Industrial districts and incorporate these
provisions in new Article 930.
4 . Provisions for game arcades have already been moved to new
Article 922, Cl , C2, C4 Districts, and are listed as approved
by the Board of Zoning Adjustments . .
5 . Provisions for Wind Energy Conversion Systems have been
streamlined.
6 . Temporary use provisions for contractor' s storage yards and
mulching operations have been revised. These provisions were
added by Code Amendment No. 84-17 and were not intended to
allow all types of temporary uses, but only the two listed.
Section 9630 and 9631 now refer only to the two uses and not
the general term of "temporary uses" ,p
7. Utility facilities have been added to the list of unclassified
r uses . The Unclassified Uses section is an appropriate place
for them to be included. Current code makes no provision for
such uses which do exist within the City.
ATTACHMENTS: .
1 . Draft Ordinance.
2. Existing Article 933
JWP:JA:pb
Staff Report - 6/3/86 -2- (5257d )
Publish July 8, 1986
NOTICE OF PUBLIC HEARING
CODE AMENDMENT NO. 86-18
UNCLASSIFIED USES
OTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a
public hearing in the Council Chamber at the Huntington Beach Civic
Cencer, 2000 Main Street, Huntington Beach, California, on the date and
at the time indicated below to receive and consider the statements of all
persons who wish to be heard relative to the application described below.
DATE: Monday, July 21 , 1986
T DE 7:30 P.M.
APPLICATION NUMBER: Code Amendment No. 86-18
LOCATION: City-wide
PROPOSAL: To repeal existing Article 933 of the Huntington Beach Ordinance Code
and add new Article 963 related to Unclassified Uses and retitle
Chapter 96 "General Provisions. "
ENVIRONNEN'TAL STATUS: The proposed project is categorically exempt from the
provisions of the California Environmental Quality Act.
ON FILE: A copy of the proposed ordinance is on file in the Department of
Development Services.
ALL INTERESTED PERSONS are invited to attend said hearing and express
opinions or submit evidence for or against the application as outlined
above. All applications,. exhibits, and descriptions of this proposal are
on file with the Office of the City Clerk, 2000 Main Street, Huntington
Beach, California, for inspection by the public.
HUNTINGTON BEACH CITY COUNCIL
By: Alicia M. Wentworth
City Clerk
Phone (714) 536-5405
Dated: July 1 , 1986
OTICE OF PUBLIC HEARING
CODE AMENDMENT
Unclassified Uses
NOTICE IS HEREBY GIVEN that the Huntington Beach Planning Commission
. will hold a public hearing in the Council Chamber at the Huntington
Beach Civic Center, 2000 Main Street, Huntington Beach, California ,
on the date and at the time indicated below to receive and consider
the statements of all persons who wish to be heard relative to the
application described below.
2 / 9 �
DATE/TIME: , .
APPLICATION NUMBER: Code Amendment No . 86-18
APPLICANT: City of Huntington Beach .
REQUEST: To repeal existing Article 933 and add new Article ?
related to Unclassified Uses and retitle Chapter 96
"General Provisions . "
ENVIRONMENTAL STATUS: The proposed project is categorically exempt
from the provisions of the California
Environmental Quality Act .
ON FILE : A copy of the proposed ordinance is on file in the
Department of Development Services , 2000 Main Street ,
Huntington Beach, California 92648 , for inspection by the
public .
ALL INTERESTED PERSONS are invited to attend said hearing and
express opinions or submit evidence for or against the. application
as outlined above . If there are any further questions please call.
Jeff Abramowitz, Assistant Planner at 536-5271 .
James W. Palin , Secretary
Huntington Beach Planning Commission
\� ( 4694d-5)
Publish July 8, 1986
NOTICE OF PUBLIC HEARING
CODE AMENDMENT NO. 86-18
UNCLASSIFIED USES
NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a
public hearing in the Council Chamber at the Huntington Beach Civic
Cencer, 2000 Main Street, Huntington Beach, California, on the date and
at the time indicated below to receive and consider the statements of all
persons who wish to be heard relative to the application described below.
DATE: Monday, July 21 , 1986
TLC,: 7:30 P.M.
APPLICATION NUMBER: Code Amendment No. 86-18
LOCATION: City-wide
PROPOSAL: To repeal existing Article 933 of the Huntington Beach Ordinance Code
and add new Article 963 related to Unclassified Uses and retitle
Chapter 96 "General Provisions. "
zN IRONMENTAL STATUS: The proposed project is categorically exempt from the
provisions of the California Environmental Quality Act.
ON FILE: A copy of the proposed ordinance is on file in the Department of
Development Services.
ALL INTERESTED PERSONS are invited to attend said hearing and express
opinions or submit evidence for or against the application as outlined
above. All applications,. exhibits, and descriptions of this proposal are
on file with the Office of the City Clerk, 2000 Main Street, Huntington
Beach, California, for inspection by the public.
HUNTINGTON BEACH CITY COUNCIL
By: Alicia M. Wentworth
City Clerk
Phone (714) 536-5405
Dated: July 1 , 1986
ORDINANCE NO. 2858 VOF
AN ORDINANCE OF THE CITY OF HUNTINGTON
BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE BY REPEALING ARTICLE 933
AND ADDING THERETO NEW ARTICLE 963,
ENTITLED "UNCLASSIFIED USES"
The City Council of the City of Huntington Beach does ordain
as follows :
SECTION 1 . Article 933 of the Huntington Beach Ordinance
Code is hereby repealed.
SECTION 2 . The Huntington Beach Ordinance Code is hereby
amended by adding thereto new Article 963 to read as follows:
9630 PERMITTED USES. The following list includes uses
that possess characteristics of such unique and special form as to
make impractical their automatic inclusion as a permitted use in
any district. The location and operation of such uses shall be
subject to approval of a conditional use permit by the Planning
Commission and any additional provisions included herein. Uses
marked with an asterisk shall not be permitted in any residential
district .
A. *Airports and heliports '
C. Churches
Colleges, private schools, elementary and secondary
public schools
(Minimum 10% of parking area shall be landscaped for the
above uses . )
*Contractor ' s storage yards pursuant to Section 9631
*Convalescent hospitals and sanitoriums
*Commercial recreation and amusement enterprises,
including bowling alleys and skating rinks
D. Day care centers for more than six children subject to
the following provisions:
( 1) Seventy five sq. ft. of outdoor play area per child;
minimum 500 sq. ft . Thirty five sq. ft. of indoor
play area per child. Outdoor play area shall be
- landscaped and enclosed by a six foot high masonry
wall . Any gate entry shall be securely fastened.
(2) Minimum 10% of parking area shall be landscaped
where applicable. j
CA 86-18 1 • 4/
G. *Golf drivii ranges ; miniature golf cc ses
H. *Health clubs over 2,500 sq.ft.
Horticulture
Hospitals
K. *Kennels, animal hospitals or clinics
M. *Mulching operations pursuant to Section 9631
Museums
0. *Open air or drive-in theaters
P. Parking lots
*Post offices
*Private clubs and lodges
Private recreation areas or other uses for exclusive
use of homeowners
Public utility substations of less than one acre,
excluding switchyards
R. *Radio or television transmitters (commercial)
*Recreational vehicle parks subject to locational
criteria adopted by resolution
*Rest homes
Retail nurseries ( do not require conditional use permit
if in a commercial district )
Rooming or boarding houses, except in low density
residential districts
T . *Transportation terminals
U . Utility facilities, public or private, including but not
limited to waste-water treatment plants, power
generating plants , and pump stations
W. Wind energy conversion systems pursuant to Section 9333
9631 CONTRACTOR' S STORAGE YARDS/MULCHING OPERATIONS.
Contractor '.s storage yards in conjunction with public facility
improvement contracts and mulching operations on unimproved public
or private property, may be permitted subject to the approval of a
conditional use permit by the Planning Commission:
(a) Initial approval shall be for a maximum of two ( 2 )
years . The use shall be eligible for a maximum of three one year
extensions by the Planning Commission.
(b) The development shall comply with parking, access and
setback requirements contained in Article 960.
9632 LANDFILL DISPOSAL SITES. Excavation of landfills
or land disposal sites shall be sub3ect to the approval of a
conditional use permit by the Planning Commission, except in the
S1 District, subject to the requirements of this article. These
provisions are not intended to apply to grading and surcharging
operations permitted under Appendix Chapter 70 of the Uniform
Building Code. Permits for grading on previously approved
development projects shall be subject to approval of the Director .
CA 86-18 2.
9632. 1 LAND DISPOSAL SITE/DEFINITIONS. The following
words and phrases shall be construed as defined herein unless a
different meaning is apparent from the context:
•i
(a) Excavation. Any activity and/or movement of material
which exposes waste to the atmosphere.
(b) Land disposal site. Any site where land disposal of
Group I , II or III waste, as defined by the California
Administrative Code, has been deposited either legally or
illegally on or into the land, including but not limited to
landfill, surface impoundment, waste piles, land spreading, sumps,
and coburial with municipal refuse.
9632 .2 OPERATIONS PLAN.
(a) No person shall conduct any excavation act-ivity at any
land disposal site in the City of Huntington Beach without first
submitting to the City an operations plan, approved by the
Director . Such plan shall include complete information regarding
the identity, quantity and characteristics of the material being
_excavated, including a chemical analysis performed by a
laboratory, acceptable to the City, together with the mitigation
measures that will be used to insure that health hazards, safety
hazards, or nuisances do not result from such activity.
(b) Mitigation measures contained in the operations plan may
include gas collection and disposal of waste, encapsulation,
covering waste , chemical neutralization, or any other measures
deemed necessary by the City.
(c) Ambient air quality monitoring, as well as other
monitoring or testing deemed reasonably necessary, shall be
included in the operations plan.
9632 .3 APPROVAL OF OPERATIONS PLAN.
(a) The City shall not approve an operations plan unless
such plan includes provisions for the immediate cessation of
excavation activity when the operator, or any agent thereof, of a
land disposal site has been notified by the City that a nuisance,
health or safety hazard has or is about to occur as a result of
such activity therein.
(b) Upon determination by any government agency that a
nuisance, safety or health problem exists on any land. di,sposal
site in the City, mitigation measures, contained in the operations
plan, shall be implemented immediately.
9632.4 HAZARDOUS WASTE SITES. For any land disposal site
determi en d to be a hazardous waste site by the State Department of
Health Services and/or the City of Huntington Beach, the following
additional measures shall be taken prior to excavation of such
site.
CA 86-18 3 .
(a) All property owners within a one-half mile radius of the
site shall receive written notice of all public hearings to be
held regarding proposed excavation on the site. The cost of
preparing and mailing such notice shall be paid by the
operator/applicant.
(b) A type of bond, acceptable to the City Attorney, shall
be posted by the operator/applicant insuring that necessary funds
are available to restore the site to a safe condition if
excavation is prematurely terminated.
( c) Excavation of the site shall be performed in accordance
with the requirements of the State Department of Health Services,
and any other public agency with jurisdiction over hazardous waste
sites.
9632. 5 OPERATIONS PLAN. The operations plan shall contain
the following:
(a) A plan establishing lines of authority and
responsibility between public agencies and the operator/applicant ,
or his agents, during excavation. The plan shall contain specific
procedures to be followed by all responsible parties involved with
the excavation.
(b) A plan containing specific measures to monitor air
quality to be implemented during excavation to prevent the
exposure of on-site workers or area residents to unhealthful
vapors from the site . If deemed necessary by the State Department
of Health Services, the plan shall also include specific measures
for evacuation of residents in the vicinity of the site .
(c) A plan showing specific routes for-vehicles transporting
hazardous wastes from the site.
(d) A plan containing specific steps for restoration of the
site to a safe condition if excavation is terminated prematurely.
9632 .6 EXEMPTIONS. The following activities shall be
exempt from the requirements of this article unless otherwise
determined by the Director :
(a) The drilling of holes up to twenty-four (24) inches in
diameter for telephone or power transmission poles or their
footings.
(b) The drilling of oil wells, gas wells or landfill gas
collection wells or the maintenance of gas or leachate collection
systems .
(c ) The City may exempt from the requirements of this
article any excavation activity which has been determined to pose
an insignificant risk, or any activity which has been covered
sufficiently in a plan prepared for any other agency having
jurisdiction over the site.
CA 86-18 4•
9632.7 EXCAVATION ACTIVITY PROHIBITED.
(a) No person shall excavate at any land disposal site in
the City of Huntington Beach unless he or she first certifies that
all applicable regulations of other public agencies with
jurisdiction over hazardous waste sites have been met.
(b) Compliance with the provisions of this article shall not
exempt any person from failing to comply with the requirements of
the California Health and Safety Code, and any other applicable
codes, rules or regulations .
9633 WIND ENERGY CONVERSION SYSTEMS. Wind energy
conversion systems shall be subject to th llowing requirements:
(a) Wind energy conversion systems (WECS) shall be located
within the rear two-thirds (2/3 ) of a lot and shall comply with
any setback requirements in the base district. WECS within
residential districts shall be designed and engineered to
eliminate guy wires, shall have a base a maximum of four square
feet in area , and shall not encroach into required open space.
For WECS within a commercial or industrial district, the minimum
rear yard setback shall be twenty ( 20) feet if adjacent to
residentially zoned property. The design of any WECS shall not
create noise , strobing effect, or similar nuisances that may be
detrimental to the immediate area. If the Director determines
that a nuisance will be created, he shall designate in writing
steps or procedures that must be taken by the property owner or
operator to abate the potential nuisance.
(b) The height of the highest point of the WECS shall not
exceed sixty (60) feet from adjacent grade. The lowest portion of
the blades shall be no less than fifteen (151 feet from grade.
(c) Each WECS shall be equipped with both manual and
automatic controls to limit the rotational speed of the blade
within the design limits of the rotor . The application must
include a statement by a California-registered professional
engineer (subject to approval by the Director) certifying that the
rotor and overspeed controls have been designed and fabricated for
the proposed use in accordance with good engineering practices.
The engineer should certify the structural compatibility of the
proposed tower and the rotors .
(d) The WECS shall be operated such that no disruptive
electromagnetic interference is caused. If the Director
determines that the system is causing harmful interference, the
operator shall promptly mitigate the harmful interference upon
written notification, to the satisfaction of the Director.
(e) For WECS which will be interconnected to a utility grid,
no wind turbine shall be installed until the utility company has
approved such installation in writing. A copy of such approval
shall be submitted to the Director prior to installation of the
wind turbine. The utility company shall be notified of the
installation of any WECS whether or not the property owner or
operator intends to connect the system to a utility grid.
CA 86-18 5.
( f) If a WECS is not maintained in operational condition and
poses a potential safety hazard (as determined by the Director) ,
the owner or operator shall take expeditious action to remedy the
situation. The City may summarily abate any such hazardous
situation and pass the cost of such abatement on to the owner or
operator of the system. If the City determines that the system
has been abandoned and poses a safety hazard, such system shall be
removed by the owner or operator of the system within thirty (30)
days of receipt of written notice.
(g) The per mittee shall submit an annual statement by a
California-registered engineer, stating that the system, including
base and blades, is in sound working condition and does not pose a
hazard to the public health, safety or welfare.
(h) The Planning Commission may impose further requirements
as deemed necessary due to special or unusual circumstances of the
location or proposed installation.
SECTION 3 . If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to be
invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance. The City
Council of the City of Huntington Beach hereby declares that it
would have adopted this ordinance and each section, subsection,
sentence, clause, phrase, or portions thereof, and amendments
thereto, irrespective of the fact that any one or more sections,
subsections , sentences, clauses, phrases or portions, or
amendments are declared invalid or unconstitutional .
SECTION 4. Neither the adoption of this ordinance nor the
repeal of any ordinance shall in any manner affect the prosecution
for violation of ordinances which violations were committed prior
to the effective date hereof, nor be construed as affecting any of
the provisions of such ordinance relating to the collection of any
license or penalty of the penal provisions applicable to any
CA 86-18 6.
violation thereof, nor to affect the validity of any bond or cash
deposit in lieu thereof, required to be posted, filed or deposited
:: - pursuant to any ordinance and all rights and obligations .
thereunder appertaining shall continue in full force and effect.
SECTION 5. This ordinance shall take effect thirty days
after its passage.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 18th
day of August 1986.
e
Mayor
ATTEST• APPROVED AS TO FORM:
City Clerk 6-1 _k( City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED
b
City AdministrcftoV D recto of Development
/7 Services
CA 86-18 7.
a
Or," to. 2858
STATE OF CALIFORNIA )
,...,:.. COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified 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 21st day of July
19 86 , and was again read to said City Council at a regular
meeting thereof held on the 21st day of August 19 86 , and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
MacAllsiter, Finley, Mandic, Bailey, Green, Thomas '
NOES: Councilmen:
None
ABSENT: Councilmen:
Kelly
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California