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HomeMy WebLinkAboutMiscellaneous Provisions - Code Amendment 82-2 - Ordinance 2 S S�I�N 5� IN THE \ Superior Court OF THE STATE OF CALIFORNIA Y In and for the County of Orange t (� VVV VI CITY OF H U N T I N G T O N BEACH > PROOF OF PUBLICATION CITY CLERK - NOTICE OF PUBLIC HEARING State of California ) NOTICE OF PUBLIC iE5FING County of Orange )ss CODE AMENDMENT 82-2 i NOTICE IF HEREBY GIVEN that a public hearing will be held by,the City Jeannie L. Thomas Couricil of the City of Huntington Beach, i in the Council Chamber of the Civic Ceo- 1 ter,Huntington Beach,at.the hour of 7:30 That I am and at all times herein mentioned was a citizen of P.M.,or as soon thereafter as possible on ,the United States,over the age of twenty-one ,and that I Monday,the 3rd day of May,1982,for the g Y years, pu rpoee of considering Code Amendment am not a party to,nor interested in the above entitled matter; I lo.82-2 repealing Article 973 of Division that I am the principal clerk of the printer of the 9 of the Huntington Beach Ordinance Code and adding a new Article 973 enti- tled "Miscellaneous Provisions." Said Huntington Beach Ind. Review Code amendment reorganizes and re- words sections of 973 for clarity,end re- quires a use permit rather than an admin- i a newspaper of general circulation,published in the City of istrative review for the following uses:(1) care-of non-related persona; (2) tempo- f H u n t i n g t o n Beach rary parking,lots; (3) home occupation swimming instruction,and(4)temporary outdoor events(formerly special events). County of Orange and which newspaper is published for the Said amendment also establishes a permit disemination of local news and intelligence of a general charac- for temporary construction facilities and allows a use permit application for. (1) ter, and which newspaper at all times herein mentioned had trailers to be used as offices for no more I and still has a bona fide subscription list of paying subscribers, than five years and(2)exceptions of more and which newspaper has been established, printed and pub- than 10 feet to o e co height limiter A copy of said proposedd code amendment is r lished at regular intervals in the said County of Orange for a on file in the Department of Development period exceeding one year; that the notice, of which the Services Office. annexed is a printed co has been published in the regular All interested person are invited to P PY+ P g attend said hearing and express their and entire issue of said newspaper,and not in any supplement opinions for or against said Code Amend- went 82.2. thereof,on the following dates,to wit: Further information may be obtained from the Office of the'City Clerk,2000 April 22, 1982, Main street,Huntington Beach,Califor, nia 92W—(714)536-5227. DATED April 16,1982. CITY OF HUNTINGTON BEACH By:ALICIA M.WENTWORTH City Clerk Pub.Apr.22,1982 Hunt.Beach Ind.Rev:#10574 I certify (or declare) under penalty of perjury that the forego- ing is true and correct. Dated at....G.d r d e.n...C7 r 0.VR....................... orn' ,this 2.3 r d.day o .P r ..1 �..... Signature I Form No.CAF-81380 CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMM ATION HUNTINGTON BEACH To Charles W. Thompson m James W. Palin, Director City Administrator Development Services Subject CODE AMENDMENT NO. 8 2-2 Date June 17 , 1982 AGENDA ITEM D-1 (e) Councilman MacAllister has suggested that Code Amendment 82-2 for Section 973 of Division 9, entitled "Miscellaneous Provisions, " be worded to exempt solar equipment from the rooftop mechanical screening requirements. Staff agrees with the suggestion and proposes that the following language be added to Section 9730. 20 so that it reads as follows: SCREENING OF ROOFTOP MECHANICAL FEATURES . No rooftop mechan- ical feature or appurtenance, except for solar equipment, shall be visible from any adjacent public right-of-way. JWP:JAF:d f ;1JJ _J REQUES r- FOR CITY COUNCIL ACTION May 1982 y 3. Date Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administra %6�,.� Prepared by: James W. Palin, Director of Development Services o II Subject: ORDINANCE ENTITLED "MISCELLANEOUS PROVISIONS" ' S pi d Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: '/ STATEMENT OF ISSUE: On April 5, 1982 following a public hearing, the Planning Commission approved Code Amendment 82-2, an ordinance repealing Article 973 of Division 9 and adding a new Article 973 entitled "Miscellaneous Pro- visions" and recommended it to the City Council for adoption. The ordinance is accompanied by two resolutions which set the amountlo.f_ fees for two types of permit applications . These fees were formerly part of the ordinance. No changes in fee structure are being made. RECOMMENDATION: Adopt the ordinance repealing Article 973 of the Huntington Beach Ord- inance Code and adding a new Article 973 entitled "Miscellaneous Provisions" and adopt the two resolutions establishing the fees for waiver of installation of offsite improvements and for processing various planning and zoning matters. ANALYSIS: Code Amendment No. 82-2 was initiated by staff as a clean-up amendment for Article- 973 of Division 9, entitled "Miscellaneous Provisions. " The entire article will be repealed and .then added in order to reword many sections so they are clearer and more explicit. Sections were re- ordered so that similar topics are grouped together and some sections were combined in the interest of brevity and uniformity. All sections were renumbered to allow space for future additions between numbers. Substantive changes to Article 973 include the following: 1. Subject to approval of a use. permit application by the Board of Zoning Adjustments and posting of a $500 bond, a trailer may be used for additional office space for not more than five years ., 2 . A temporary construction facility permit may be issued for up to one year, subject to review by the Director and posting of a $500 bond (with a possible one-year extension) to allow a temporary office on a construction site, either for the same purpose as the building under, construction, or as a construction office. PIO 4/81 Miscellaneous Provisi s May 3, 1982 Page 2 3 . Several uses previously approved by the. Board of Zoning Adjust- ments pursuant to an administrative review application will now require approval of a use permit by the Board. This is suggested in order to standardize requirements for notice, hearing, and appeal procedures which were previously included as requirements in addition to an administrative review application for each of these uses. These requirements will now be eliminated from the particular. sections, but .will be a routine procedure of the use permit process . The uses to which this change applies are the following: a. Twenty-four. hour care of nonrelated persons. State law declares a group home for six. or fewer persons to be a residential use. However, the section has been retained in the code so that reasonable conditions could be placed on the use, if desired. A provision limiting the permit to one year and another provision limiting total occupancy of the home . to eight people have been deleted. Any use permit can be revoked for violation of conditions. The attorney' s office advises that limiting total occupancy to eight people-may not be constitutional . Under this revision only six or fewer nonrelated persons may occupy the home in . addition to regular family members. b. Temporary parking lots. C. Temporary outdoor events, formerly _known as special events. The name of this section was changed so as to eliminate con- fusion with sections of the Municipal Code, which contain permit procedures for a different kind of special event: d. Home occupation swimming instruction. 4 . An administrative review application will no longer be required for minor accessory structures. 5. Certain exceptions to district height limits are presently speci- fied. These exceptions would now be limited to an additi©nal ten (10) feet by right, except as provided in industrial districts. A use permit application to the BZA would be required before the district height limit may be exceeded by more than 10 feet. 6 . Several sections providing for deferring the installation of street improvements have been combined and the bond required has been standardized. 7 . The amount of fees to be imposed for: 1) Waiver of street improve- ments and 2) grading within 100 feet of an area appearing on an arch- aeological map have been removed from the text of the ordinance and will be included in separate resolutions. 8 . Changes to the home occupation requirements have been made- with the result that commercial vehicles or equipment shall not be parked in any yard area of a dwelling and the appearance of a dwelling shall Miscellaneous Provisi s May 3, 1982 Page 3 not be altered or the business conducted in such a manner as to indicate that the dwelling or its premises are used for a non- residential purpose. In addition, the specification that no marked commercial vehicles or equipment used in conjunction with the occupa- tion shall be parked overnight on the street or in any yard area _ has been .changed to delete the word "marked_, " so that_vehicles which_ are obviously used for commercial purposes but which have removable markings may no longer be parked in view. This stipulation would only apply to dwellings where a -home -occupation permit has been issued; other persons may continue to park their commercial vehicles in front of their. homes. 9 . A section providing for deferring the dedication of right-of-way when property is to be used for an agricultural purpose has been combined with other exceptions to dedication, and the work "agri- culture" has been changed to "horticulture, " since it is horticul- tural uses which are regulated under Section 9331. A section providing for deferment of the installation of offsite improvements for agricultural uses has been deleted since provision for defer- ment of improvements in general has been made. Two resolutions accompany the ordinance. One of these establishes a $50. 00 fee for processing an application to waive installation of offsite improvements. The second resolution establishes a use permit fee for grading, digging, or trenching within 100 feet of an area appearing on an. archaeological map adopted by the City Council as part of the Open .Space. and Conservation Element of the General Plan. Both these fees were previously contained within the ordinance itself. Staff will be available to answer any questions the Council may have about the proposed ordinance. FUNDING SOURCE: None required. ALTERNATIVE ACTIONS: 1. Do not adopt the ordinance as proposed. 2 . Direct staff to make additional changes to the ordinance. JWP:JF:df ATTACHMENTS: 1. Ordinance 2. Resolution No. 3. Resolution No. Publish April 22, 1982 NOTICE OF PUBLIC HEARING CODE AMENDMENT 82-2 i 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 7:30 P.M. , or as soon thereafter as possible on Monday the 3rd day of May , 19 82 for the purpose of considering Code Amendment No. 82-2 repealing Article 973 of Division 9 of the Huntington Beach Ordinance Code and adding a new Article 973 entitled "Miscellaneous Provisions." Said Code amendment reorganizes and rewords sections of 973 for clarity, and requires a use permit rather than an administrative review for the following uses: (1 ) care of non-related persons; (2) temporary parking lots; (3) home occupation swimming instruction, and (4) temporary outdoor events (formerly special events) . Said amendment also establishes a permit for temporary construction facilities and allows a use permit application for: (1 ) trailers to be used as offices for no more than five years and (2) exceptions of more than 10 feet to district height limits. A copy of said proposed code amendment is on file in the Department of Development Services Office. All interested persons are invited to attend said hearing and express their opinions for or against said Code Amendment 82-2 Further information may be obtained from the Office of the City Clerk, 2000 Main Street, Huntington Beach, California. 92648 - (714) 536-5227 DATED April 16, 1982 CITY OF HUNTINGTON BEACH By: Alicia M. Wentworth City Clerk H. INDEPENDENT Publish Date LEGAL NOTICE ORDINANCE NO. 2556 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ARTICLE 973, AND ADDING THERETO NEW ARTICLE 973 ENTITLED, "MISCELLANEOUS PROVISIONS." (Copy on file in the City Clerk's Office) SYNOPSIS: Ordinance No, 2556 amends the Huntington Beach Ordinance Code by repealing Article 973 of Division 9 of the Huntington Beach .Ordinance Code and adding a new Article 973 entitled "Miscellaneous Provisions." Said Code amendment reorganizes and rewords sections of 973 for clarity, and requires a use permit rather than an administrative review for the following uses: (1 ) care of non-related persons; (2) temporary parking lots; (3) home occupation swimming instruction, and (4) temporary outdoor events (formerly special events) . Said amendment also establishes a .permit for temporary construction facilities and allows a use permit applicaton for: (1 ) trailers to be used as offices for no more than five years and (2) exceptions of more than 10 feet to district height limits, ADOPTED by the City Council of the City of Huntington Beach at an regular meeting held Monday, 19' by the following roll call vote: AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: CITY OF HUNTINGTON BEACH Alicia M. Wentworth City Clerk NOTICE TO CLERK TO SCHEDULE PUBLIC HEARING ITEM TO: CITY CLERK'S OFFICE DATE: FROM: GCQio PLEASE SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE FOR THE -- DAY OF y 1 9%72• AP's are attached AP's will follow No AP's Initiated by: Planning Commission Planning Department Petition * Appeal Other Adoption of Environmental Status W YES NO I Refer to J )= U4jA)?—e Planning Department - Extension -70 for additional information. * If appeal, please transmit exact wording to be required in the legal. �I I LEGAL NOTICE NOTICE OF PUBLIC HEARING CODE AMENDMENT 82-2 NOTICE IS HEREBY GIVEN that a public hearing will be held by the of the City of. Huntington Beach, California, for the purpose of considering Code Amendment No . 82-2 repealing Article 973 of Division 9 of the Huntington Beach Ordinance Code and adding a new Article 973 entitled "Miscellaneous Provisions . " Said code amendment reorganizes and rewords section of 973 for clarity, and requires a use permit rather than an administrative review for the following . uses: 1) care of non-related persons; 2) temporary parking lots; 3) home occupation swinuning instruction, and 4 ) tem- porary outdoor events' (formerly special events) . Said amendment also establishes a permit for temporary construction facilities and allows ` a use permit application for; railers to be used as offices for no more than five years Ltd Px&re /U 1�� ;41 A copy of said proposed code amendment is on file in the Department of Development Services office . I Said hearing will be held at the hour of 7 :30 P .M . , on s'etr , in the Council Chambers Building of the Civic Center, 2000 Main Street, Huntington Beach, California. All interested persons are invited to attend said hearing and express their opinions for or against the proposed Code Amendment No . 82-2 Further information may be obtained from the City Planning Department. Telephone No . (714) 536-5271 DATED this 4th day of February, 1982 CITY PLANNING COMMISSION James W. Palin By ! Secretary