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HomeMy WebLinkAboutCode Amendment 86-4 - Ordinance 2830 - Rewrite Portion of Di Authonze_d to Publish Advertisements of all kinds including public •, riotices'Zy Decree of the Superior Court of Orange County, C-slifornia, Number A-6214, dated 29 September, 1961, and A-24831, dated 11 June, 1963. l�C'1L STATE OF CALIFORNIA YSID SY'.GITY: 19 County of Orange PubUc NotwA AdverLsng covered by INS etedavtt to !et in 7 point .� with 10 ptce column width G g$ _ Gifiy t I am a Citizen of the United States and a resident of .. the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below PUBLIC CIL NOTICE entitled matter. I am a principal clerk of the Orange eat is categorically exempt Coast DAILY PILOT, with which is combined the from the provisions of the California Environmental NEWS-PRESS, a newspaper of general circulation, ualityAot. ON FILE:1 A copy of the d fluted and proposed code amendment p published in the City of Costa Mesa, is on file in the Department f f Development Services. County of Orange, State of California, and that a ALL INTERESTED PER- PUBLIC HEARING SONS are invited to attend said hearing and express -- opinions or submit evidence PUBLIC NOTICE for or against the application NOTICE OF _ as outlined above,All appli- PUBLIC EARIPIG cations, exhibits;:.and de- of which copy attached hereto is a true and complete CODE AMENDMENT are olons of this proposal p are on file with the Office of NOr86-4 the City Clerk, 2000 Main copy, was printed and published in the Costa Mesa, REWRITE OF PORTION Street, Huntington, Beach, OF DIVISION 9 California,for,Inspection by Newport Beach, Huntington Beach, Fountain Valley, INTRODUCTION-'CITY the public. PLANNING CODE -HUNTINGTON BEACH Irvine, the South Coast communities and Laguna NOTICE IS HEREBY CITY COUNCIL, By: Alicia GIVEN that the Huntington M. Wentworth, City Clerk, Beach issues of Said newspaper for 1 time Beach City Council will hold Phone(714)536-5405 a public hearing In the Coun- Dated 3/18/86 consecutive weeks to wit the iSSU S Of cil Chamber at the Hunt Published Orange Coast. ington Beach Civic Center, Daily Pilot March 25,1986 ,2000 Main Street, Hunt T-105 Ington Beach,California,on; the date and at the time in-' dicated below to receive and) March .25 6 consider the statements of 198 fall persons who wish to be, theard relative to the appli (cation described below. DATE: Monday, April 7,., 198 1986 TIME:7:30 P.M. SUBJECT: CODE AMENDMENT NO. 86-4 -1 198 Rewrite of portion of, Division 9 - Introduction -, City Planning Code. LOCATION:City-wide 198 PROPOSAL:To repeal,ex- [sting Articles 901,902,905,; 906'and 982 and add new Article.902 and Article 906 198 related_to the "General In- ' formation and Application of.. i Division 9 of the Huntington, Beach Ordinance code I declare, under penalty of perjury, that the STATUS:The proposed pro foregoing is true and correct. Executed on March 25 , 198 6 at Costa Mesa, California. Signature G _ 0 Fp og vE Y rY Lv ••, RE UE.. T FOR CITY COUNCIL- � CTION---- CITY M � Date Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administrato r Prepared by: James W. Palin, Director, Development Services Subject: CODE AMENDMENT NO. 86-4 - INTRODUCTION TO DIVIS ON 9 Consistent with Council Policy? [ ] Yes New Policy or Exception /Vp bll Z Vo Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: Code Amendment No. 86-4 proposes no changes in the overall content as compared to the existing code . It does , however, revise and streamline some of the older and outdated text of Division 9 . The provisions relate to the interpretation, application, and enforcement of both the district maps and all zoning regulations contained in Division 9. In particular , new Article 906 has been revised to include a listing of all current zone districts, overlays , and suffixes as well as their abbreviations . RECOMMENDATION: Planning Commission action and recommendation on March 4 , 1986 : ON MOTION BY LIVENGOOD AND SECOND BY PORTER THE PLANNING COMMISSION APPROVED CODE AMENDMENT NO. 86-4 AND RECOMMENDS ADOPTION BY THE CITY COUNCIL, BY THE FOLLOWING VOTE: AYES: Rowe, Winchell , Livengood, Erskine, Porter , Mirjahangir NOES: None ABSENT: Schumacher ABSTAIN: None Staff recommendation is identical to that of the Planning Commission. ENVIRONMENTAL STATUS Code Amendment No. 86-4 is categorically exempt from the provisions of the California Environmental Quality Act . FUNDING Not applicable PIO 4/84 ALTERNATE ACTION: Modify ordinance as desired . ATTACHMENTS: 1 . Ordinance 2. Existing Articles 901 , 902, 905, 906, 982 ; cross-referenced " JWP:JA: jr RCA 4/7/86 -2- (4503d ) PLANNING DISTRICTING PLAN ft . , So, .9011 eMSTA T ARTICLE 901 cecAA at01,® 1 PURPOSE AND EFFECT .OF DISTRICTING 9 02-,� S . ,9,011 Purpose, Adoption of. Districting Plan. ' For the purpose of promoting and protecting the public health, safety, And general welfare of the people of the City of Huntington Beach, And to provide for the social, physical and economic advantages resulting from comprehensive and orderly planned use of land re- sources a land use districting plan, composed of applicable provisions Of Division 9 and maps of the districts created herein, is Hereby established and adopted by the Council. (495) Si 9012 Application of Provisionso The provisions of applicable provisions of Division 9 governing the use of land, buildings and structures , the sizes of yards about buildings and structures ; the height and bulk of buildings , the density of popula- tion, and other applicable provisions of Division 9 are hereby declared to be in effect upon all land included within the boundaries of each and every district established by applicable provisions of Division 9. (495) S . 9013 District Boundaries . In case of uncertainty as to the district boundaries of any of said districts , the following rules shall apply: S . 9013 . 1 Street, Alley, Lot Lines as. Bodndaries . Where said boundaries are indicated as approximately, following street lines , alley lines , or lot lines , such lines shall be con- strued to be said boundaries . (495) S . 90.13 . 2 Use of Scale Where Lot Divided . Where a district bound- ary divides a lot, the location of such boundary, unless indicated by dimensions , or by the rule in section 9013 .1, shall be determined by use of the scale appearing on said map. . (495, 596) S . 9013 .3 Determination by Council. If, after the application of the above rules , uncertainty exists ,as to any district boundary, the Council shall, upon written request, interpret the map And determine said boundary; and said determination shall be final and made a permanent public record, (495) S . 9014 Streets , Alleys . Public streets and alleys shall not be a part of any district; but whenever a public street or alley is officially abandoned, the regulations applicable to the abutting property shall apply to said vacated street or alley; but if such street, prior .to abandonment, separated two districts , then the districts on both sides shall extend to the center of said abandoned street or alley. (495) Nonconforming Building, Moving, .Alteration, Use . No building, structure or portion thereof, designed, arranged or intended to be occupied or used for any purpose or in any manner other than those permitted by applicable provisions of Divison 9, or amendments thereof, in the district in which such building or structure is located or proposed to be located, shall be erected, constructed -, . or established, moved, altered, added to, enlarged, or used. (495) M M S . 9016 DISTRICTING PLAN PLANNING S,. Nonconforming Use . No building, structure , land or lot shall be used for any purpose or in any manner other than those permitted by applicable provisions of Divison 9 or any amend- ments thereto, in the district in which such building, structure , land or lot is located. (495) S�9�1� Violation of Height Limit. No building or structure shall be erected, reconstructed, structurally altered, built upon to exceed in height the limit for buildings or structures des- ignated for the district in which such building or structure is located. (495) S . 8 Encroaching upon Yard, Setback. No building or structure shall be erected, built, rebuilt, altered, enlarged or moved on any lot or building site so as to encroach upon any yard or open space required or in such a way as to fail to conform to the yard, setback, and open spaces required for the district in which such building is located. (495) PLANNING DISTRICTING PLAN S. 9020 A' ST INCr ARTICLE 902 ENFORCEMENT S. 9020 RESPONSIBILITY FOR ENFORCEMENT. All officials and public employees of the City of Huntington Beach vested with the duty or authority to issue permits or licenses, shall conform to the provisions of Division 9, and shall issue no permit or license for uses, buildings or purposes in conflict with the provisions of this code, and any such permits or license issued in con- flict with the provisions of this code shall be null and void. It shall be the duty of the Director to enforce the provisions of Division 9. (2217-9/77) S. 9021 PENALTY FOR VIOLATION. Any person violating or causing violation of the provisions of this Division shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than Five Hundred Dollars ($500) or by imprisonment in the county jail of Orange County or in the city jail of the City of Huntington Beach, if there be one, for not exceed- ing six (6) months, or by both fine and imprisonment as the judge of a court of competent jurisdiction may direct. Such person shall be deemed to be guilty of a separate offense for each and every day furing any portion of which ny violation of this Divison is committed or continued by such person, and shall be punishable as herein provided. S. 9022 DECLARATION OF NUISANCE. ABATEMENT. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this .Division, and any use of any land, building or premises established, conducted, operated or maintained contrary to the provisions of this Division shall be, and the same is hereby declared to be unlawful and a public nuisance, and the City Attorney shall, upon the order of the City Council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such steps and shall apply to such courts as may have "jurisdiction to grant such relief as will abate and remove such building or structure, and restrain and enjoin any person from setting up, erecting, building, maintaining or using any such property contrary to the provisions of this Division. (1563-3/70) (10/6/77) PLANNING MISTRICTING PLAN S.. ..2050 «�K(X' ARTICLE 905 ���, �� 060 ESTABLISHMENT OF DISTRICTS (2108=10/76) S. 9050 Division of City Into Districts: Purposes. In order to classify, regulate, restrict and segregate the use of land, buildings, and structures, and to regulate and to limit the type, height; and bulk of buildings and structures in the various districts, and to regulate the areas of yards and other open areas about and between buildings and structures, and to regulate the density of population, the City is hereby divided into districts designated and known as: (506) S. 905M Designation of Districts: .. The City of Huntington Beach is hereby divided into districts, hereinafter set forth, as determined and defined by officially adopted zoning maps, and such districts shall be identified by the following symbols: Rl Cl RA LU (2488-7/81) R2 C2 Al -FP1 (2488-7/81) R3 C3 SP-1 -MS (2488-7/81) R4 C4 51 MH M1-A CF- R5 Ml -CD 167.7 - 10/71) -PD M2 O , 01, 02 M88 7/81 , 1845.) ROS S. 9050.2 In any district the minimum building site area required may be established as different from that set forth in the regulation of district by designating such different area upon. an official sectional district map as follows: (a) Where a number greater than one hundred (100) follows and is connected by a hyphen with the district symbol, such number shall designate the minimum building site area required in square feet. (b) Where a number less than one hundred (100) follows and is connected by a hyphen with the district symbol, such number shall designate the minimum building site area required in acres. (866) S. 9050.3 In any district a minimum required building site width .may be established by designating such building site width upon any official sectional district map in the following manner: A number indicating such minimum required building site width in feet shall precede and be connected by a hyphen with the district symbol. Such width shall be determined by measurement along the building line established by the required front yard for the main building and between the side line of the building site. (866) S. 9050.4 Units Per Gross Acre. In any residential district the maximum number of units per gross acre may be established as different from that set forth in the provisions of said residential district by designating such number of units as a parenthetical numerical suffix. Said suffix shall be connected to the district symbol by a hyphen and shall appear on the official sectional district man. (1675 - 10/11) 6/2/81 S. 9051 DISTRICTING P PLANNING S. 9051 Repealed. (Ord. 2108-10/76) S. 9051.1.1 Repealed. (Ord. 2108-10/76) S. 9051.2 Repealed. (Ord. 2108-10/76) S. 9051.2.1 Repealed. (Ord. 2108-10/76) S. 9051.3 Repealed. (Ord. 2108-10/76) S. 9051.4 Repealed. (Ord. 2108-10/76) s PLANNING DISTRICTING PLAN S . 060 ARTICLE 906 CV'o.55 Y.E�e�w.V1 C1 DISTRICTING MAPS Sec �® �� S . qo60 ESTABLISHMENT OF SECTIONAL DISTRICT MAPS FOR ZONING PURPOSES . The designation, locations and boundaries of the districts established are delineated upon the maps entitled "Sectional .District Map, for the City of Huntington Beach, California, " which .maps encom- passing the entire City and all notations and information thereon are hereby made a part of this Ordinance . (737, 754) S . 9061 INDEX MAP. The Index Map shall consist of an index map to . the sectional district maps , being part of this Ordinance under the provisions of this Article, and shall be cited as Section 9061 of this Ordinance. Said Sectional District Maps shall be delineated on the index map by Ordinance . Said Sectional District Maps shall be delineated on the index map by Ordinance Code Sections . 1 Sectional District Map 1-6-11 D 2 Sectional District Map 2-6-11 DM (:7// Sectional District Map 3-6-11 DM �� Sectional District Map 4-6-11 DM 5 Sectional District Map 5-6-10 DM 6 Sectional District Map 6-6-10 DM 7 Sectional District Map 7-6-10 DM 8 Sectional District Map 8-6-10 DM 9 ectional District Map 9-5-11 DM 10 ctional District Map 9-6-11 & 10-6-11 DM 11 Se ional District Map 10-5-11 DM 12 Sect 'onal District Map 11-6-11 DM 13 Secti al District Map 12-6-11 DM 14 Section District Map 13-6-11 DM 15 Sectiona District Map 14-5-11 DM 16 Sectional 'strict Map 14-6-11 DM 17 Sectional Di trict Map 15-5-11 DM 18 Sectional Dis ict Map 16-5-11 DM 19 Sectional Dist 'ct Map 17-6-10 DM 20 Sectional Distri t Map 18-6-10 DM 21 Sectional District Map 19-5-11 DM 22 Sectional District p 19-6-11 DM 23 Sectional District Ma 20-5-11 DM 24 Sectional District Map 21-5-11 DM 25 Sectional District Map 22-5-11 DM 26 Sectional District Map 23-5-11 DM 27 Sectional District Map 24-5-11 DM 28 Sectional District Map 24-5-12 DM 29 Sectional District Map 24-6-11 DM 30 Sectional District Map -5-11 DM 31 Sectional District Map 2 -5-11 DM 32 Sectional District Map 27 -11 DM 33 Sectional District Map 28 -11 DM 34 Sectional District Map 15— :5- 1 DM 35 Sectional District Map 0-5-1 DM 36 Sectional District Map DM 37 Sectional District Map DM 38 Sectional Dig, r i_ct Map ;-yl DM 39 Sectional District Map : >-5-11 DM 40 Sect.i_onai District Map -,,6-5-11 PLANNING. - ADMINISTRATION .:.. �� -- S ., 9820 E)`IS_nf& ARTICLE 982 AMENDMENTS . S,. . 9820 BOUNDARY.., CLASSIFICATION. YARD AMENDMENTS, AFTER HEARINGS. The boundaries of said districts , the classification of property And uses permitted within the various districts , and said yards and other open spaces required hereby, may be changed, re- cla§sified9 abandoned' or added to and any other substantial amend- ment ment to applicable provisions of Division 9 may be made whenever the public necessity, convenience or general welfare may require, but only after such hearings as may be required by applicable pro- visions of Dvis iciii 9 and. The Planning Act. (495) S .. 9821 LNITIATION .OF PROCEEDINGS; Such proceedings may lie initiated by - , 98.21 .1 by Owrief . The petition of any property owner who has prepared a petition in accordance with Article . 986 . (495) 9821.0 2 :By C,ornmissiono A Resolutions of Intention of said Cotrimiss ion. (495) S _ 9821.3 gy. Council . The written request or Resolution of In- tention of the Council . (495) S 9822 CLASSIFICATION. OF .ANNEXED LANDS. AND, UNCLASSIFIED, PROPERTY. Any .land hereafter annexed to; or consolidated with the City of Huntington Beach, or any land which; for an'y reason, is not designated on the zoning maps , or a pre-zoning map, a, being classified in any of the zones established Hereby 'shall be deemed to be zoned Rl (Single Family Residence District. ) (495; 1009) S . 9823 PRE-ZONING OF . PROPERTIES OUTSIDE. ,OF CITY. The City Council recognized that a city s social and economic life. is seldom limited to the area within its corporate limits ; that a' real need exists to consider zoning and physical planning fin the basis of the existing and developing area rather than only the areas currently within the City limits ; that � State law recognized the exis.6nce of the close relationship between a city and the area cr)ntiguous thereto. In view of such policy and purpose and the possibility of annexation of adjoining lands the City undertakes to establish an expansion of a consistent land-use pattern that shall prevail if and when areas contained within such expanded plans to annex to the City. For that purpose pre-zoning maps may be developed and adopted in the same manner prescribed by this Ordinance Code , for the classification or reclassification of property within the Ci.ty, including procedures for and concurrent consideration of variances conditional use permits and site plans . (1009) S . 9823 .1 ADMINISTRATION rr PLANNING — —ter S ., 9823 .1 Zoning Status of Annexed Properties .; If a pre-zoning map " for" an area has been adopted, then such annexed property contained therein shall, ' upon become part of the City, possess the classification indicated on the detailed pre-zoning map, and such portions of the pre-zoning map governing properties so annexed shall become part of the City°s zoning map and thereafter be subject to all of the provisions of this Ordinance Code . If a pre-zoning map for an area has not been adopted then such area shall, upon annexation, be deemed to be classified R1 until reclassified in the manner pre- scribed by .law, or unless at the time of annexation and effective thereupon, A different zoning classification has been established by the adoption of an interim zoning ordinance . (1009) March 25, 1986 NOTICE OF PUBLIC HEARING CODE AMENDMENT NO. -- REWRITE OF PORTION OF DIVISION 9 INTRODUCTION - CITY PLANNING CODE NOTICE IS HEREBY GIVEN that the Huntington Beach City Council 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. DATE: Monday, April 7, 1986 TIME: 7:30 P.M. SUBJECT: CODE AMENDMENT NO. 86-4 - Rewrite of portion of Division 9 - Introduction - City Planning Code. LOCATION: City-Wide PROPOSAL: To repeal existing Articles 901, 902, 905, 906 and 982 and add new Article 902 and Article 906 related to the "General Information and Application of Division 9 of the Huntington Beach Ordinance Code. ENVIRONMENTAL STATUS: The proposed project is categorically exempt from the provisions of the California 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 3/18/86 Ar NOTICE OF PUBLIC HEARING CODE AMENDMENT NO. 86-4 REWRITE OFADIVISION 9 INTRODUCTION 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. a DATEY-Z-gZE : F` r-u ry - 7.0 P. m. 7:30 1v1. ARP-L3-CA-T-I.QN--RU.MB-&R: Code Amendment No. 86-4 V APPLICANT: City of Huntington Beach REQUEST : To repeal existing Articles 901 , 902 , 905, 906 and 982 and add new Article 902 and Article 906 related to the °General Information and Application" of Division 9 of the Huntington Beach Ordinance Code. 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 J(�4168d-l) ®7 7?•�