HomeMy WebLinkAboutMoratorium of Fortunetelling Businesses - Code Amendment 84- j 7V
Auth riled to Publish O4dvertisements of all kinds including public
notices 'by.Decree of the Superior Court of Orange County,
California, Number A-6214, dated 29 September, .1961, and
A-24831;dated 11 June, 1963.
STATE OF CALIFORNIA PUBLIC NOTICE OTC'
NOTICE OF
Count of Orange Public Notice Advertise covered PUBLIC HEARING ��• .�c�S+' �\
Y 9 rw .CODE. AMENDMENT �L G
by this alrldavit is set in 7 point #t14-12 y� f
with 10 pica column wbth —FORTUNETEL 9 fy
SUBJEC t►T '','
CONDI E
PIN I P OSED
I am a Citizen of the United States and a resident of I URGENC ORDINANCE G1��
#2 0—
the County aforesaid; I am over the age of eighteen EXTEN ON
years, and not a party to or interested in the below ZNONING MO ORIUM
OTICE'^IS HEREB
GIVEN that a pub'c h
entitled matter. I am a principal clerk of the Orange wilibeheldbythe itycou�� 0
cil of the City of,.Huntington
Coast DAILY PILOT, with which is combined the Beach, in the' .Council
Chamber. of the Civic
Center; Huntington Beach,
NEWS-PRESS, a newspaper of general circulation,
at the Flour of 7:30 P.M.,or 4
printed and published in the City of Costa Mesa, as soon thereafter as v
Ible on.Monday the 3rd rd of of
County of Orange, State of California, and that a June, for the purpose
of consideridering Code Amend-
Notice of Public Hearing ment No.84-12,a request to tf1L
permit "Fortunetellina" In
e- C-4, Highway the
-m the.ercial District and
.North Huntington .Center .�
Specific Plan subject to the S
of which copy attached hereto is a true and complete approval of'a Conditional
p Use Permit by the Planning
copy, was printed and published in the Costa Mesa, Con Code stAmendment No.
84-12.is also a request to
Newport Beach, Huntington Beach, Fountain Valley, add a definition'of,"For-
tunetelling"to Article 970 of
Irvine, the South Coast communities and La,una the Huntington Beach Ordi-
1 time nance Code,a revised defi-
Beach issues of said newspaper for I nition of "family", minor,
word changes to S:
CaonsecOt1timnseek$to wit the issue(s) of
9700.6(4)c(iii), Envlroomen-
I tal Impact Reports and S..
9472.2 (c); Adult Entertain-
ment.
The city Council will,also
be considering adopting
May 23 rdi-
198 5 nance AN sNo. 2770 - OUR-
GENCY ORDINANCE OF
THE CITY OF HUNTINGTON
BEACH EXTENDING ZON-
198 ING MORATORIUM OF
FORTUNETELLING.", are
additional one year zoning,
198 moratorium of furtunetelling.
+ businesses to allow the city
time to study and enact an
ordinance regulationg the
zoning and operation: of
198 such fortunetelling busi-
nesses.
The City Council will also
be considering Negative
19$ Declaration No. 85-1E
assessing the environmental
effects of Code Amendment
No.84-12.
All interested persons are
declare, under penalty of perjury, that the invited to attend said hear
ing and express their
foregoing is true and correct. opinions for or against said
Code. Amendment No.. '
84-12/Negative Declaration
No.85-16 and proposed Ur-
gency Ordinance No.2770.
Executed on May 2 3 198 5 Further information may
be obtained from the Office
at Costa esa, California. of the City Clerk,2000 Main
t Street, Huntington Beach.
California 92648 = (714;
i 536-5227.
Signature CITY OF May HUNTINGTON
BEACH, By: Alicia M.
Wentworth,City Clerk
Published Orange Coast
i Daily Pilot May 23, 1985
Th=00.7
60cle 70$44�V,4nsk�
Dn F} PROOF OF PUBLICATION
4
ORDINANCE NO. 2770
AN URGENCY ORDINANCE OF THE CITY OF HUNTINGTON
BEACH EXTENDING ZONING MORATORIUM OF FORTUNE-
TELLING BUSINESSES
WHEREAS, on June 4, 1984 the City Council of the City of
Huntington Beach adopted Ordinance No. 2705 to place a
forty-five (45) day moratorium on fortunetelling businesses so
that appropriate zoning regulations and standards for locating
such businesses could be formulated; and
On July 16, 1984, after public hearing, the Council adopted
Ordinance No. 2714, extending such moratorium for 10 months
and 15 days ; and
The City Council finds it necessary to extend the mora-
torium turther in order to allow the city time to study and
enact an ordinance regulating the zoning and operation of such
fortunetelling businesses,
f
t NOW., THEREFORE, the City Council of the City of Huntington
Beach does ordain as follows :
, -SECTION 1.. The moratorium heretofore placed on zoning reg-
ulations for fortunetelling businesses is hereby extended for
one year, pursuant to Government Code section 65858, to provide
sufficient time for the formulation of an ordinance to regulate
the location of and standards applicable to fortunetelling
businesses in Huntington Beach.
SECTION 2 . The City Council finds that there is a current
and immediate threat to the public health, safety, or welfare,
and .that the approval of additional subdivisions, zonings, land
. use permits; variances, building permits, or any other appli-
cable entitlement for tortunetelling businesses would result in
a threat to public health, safety, or welfare, in that there is
1.
nd existing zoning regulation for the location and standards
applicable to the operation of fortunetelling businesses ; the
unregulated establishment of fortunetelling businesses within
the city would result in a threat to public health, safety, or
welfare; and a reasonable time is needed for the city to study
and enact appropriate zoning classifications and regulations
for fortunetelling businesses.
SECTION 3 . This ordinance shall take effect immediately
and in accordance with Government Code section 65858, shall be
of no further force and effect one year from the date of its
adoption, or upon the earlier effective date of an ordinance
permitting fortunetelling businesses in a zoning district
within the city. The City Clerk shall certify to the passage
of this ordinance and cause same to be published within fitteen
days of its adoption in a newspaper of general circulation.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 3rd
day of June 1985.
E
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City ttorne
REVIEWED AND APPROVED: INITIATED AND APPRO
�7
City Administra r hector ;of 'Me ve opment
Services
0578L/5/17/85
RCS:ahb
2.
r Emergency Ord. No. 2770
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified and acting
City Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said Cit} , do hereby certify that the foregoing
ordinance was read to the City Council of the City of Huntington Beach
at a -regular meeting thereof held on .the 3rd day of June
19. S5 , and was passed and adopted by at least four-fifths (4/5)
affirmative votes of said City Council.
AYES: Councilmen:
Kelly, MacAllister, Bailey, Finley, Green, Thomas
NOES: Councilmen:
None
ABSENT: Councilmen:
Mandic (out of room)
City Clerk and ex-officie Clerk
of the City Council of the City
of Huntington Beach, California
y` �CTION
REQIJES a FOR CITY COUNCIL
Date May 23 , 1985
Submitted to: Honorable Mayor and City Council
Submitted by: Charles W. Thompson, City Administrator
Prepared by: James W. Palin, Director , Development Services *Jkp
Subject: CODE AMENDMENT NO. 84-12; "FORTUNETELLING" AND "URGENCY
ORDINANCE" EXTENDING ZONING MORATORIUM FOR ONE YEAR;
NEGATIVE DECLARATION 85-16 k,;)9 7 D
Consistent with Council Policy? D4 Yes [ ] New Policy or Exception T l)}k a1^3
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments:
STATEMENT OF ISSUE:
Code Amendment No. 84-12 is a request to permit "fortunetelling" in
the C4 , Highway Commercial District and the. North Huntington Center
Specific Plan subject to the approval of a Conditional Use Permit by
the Planning Commission.
Code Amendment No. 84-12 is also a request to add "fortunetelling"
to Article 970 Definitions of the Ordinance Code; and minor word
changes to the definition of "family" , and "environmental impact
reports" and "adult entertainment. "
The staff is also requesting the City Council adopt the attached
Urgency Ordinance extending the Zoning Moratorium of fortunetelling
businesses for one year .
RECOMMENDATION:
The Planning Commission and staff recommend that the City Council
approve Code Amendment No. 84-12 by the adoption of the attached
ordinance. The Commission and Staff also recommend that the City
Council adopt Negative Declaration No. 85-16.
Planning Commission Action on May 7 , 1985 :
ON MOTION BY ERSKINE AND SECOND BY LIVENGOOD, CODE AMENDMENT NO.
84-12 AND NEGATIVE DECLARATION NO. 85-16 WERE APPROVED BY THE
FOLLOWING VOTE:
AYES: Rowe, Winchell , Livengood, Erskine, Mirjahangir
NOES: None
ABSENT: Porter , Schumacher (out of room)
ABSTAIN: None
V
P10 5/85
ANALYSIS:
Code Amendment No. 84-12 was previously before the Planning
Commission on July 10, 1984, which would permit fortunetelling in
certain zones . At that time, the Planning Commission was informed
that final court action was still pending on fortunetelling. Staff
recommended postponing action until a final decision was reached by
the court . Based on this information , the Planning Commission voted
to table Code Amendment No. 84-12 until a final determination is
made by the State Supreme Court regarding the subject use.
On June 4, 1984, the City Council enacted a zoning moratorium
prohibiting the practice of fortunetelling. The moratorium will
expire on June 1, 1985. The City Attorney 's office has indicated
that as of April 26, 1985, a decision had not been rendered by the
State Supreme Court with regard to the freedom of speech issue.
The Staff is recommending that fortunetelling be permitted within
the C-4, Highway Commercial Districts and the North Huntington
Center Specific Plan area, subject to the approval of a Conditional
Use Permit. The C-4, Highway Commercial District and the North
Huntington Center Specific Plan (Site 2 ) are appropriate locations
for this type of use; easily accessible to customers and located
among other specialized uses . Each request to permit
"fortunetelling" in the C-4 , Highway Commercial District or North
Huntington Center Specific Plan would be subject to a public hearing
and the approval of a Conditional Use Permit by the Planning
Commission.
Code Amendment No. 84-12 is also a request to add a definition of
fortunetelling to Article 970 , Definitions , and to permit minor word
changes to the existing definition of "family. " Code Amendment No.
84-12 will also make minor wording changes to section
9700. 6 (4 ) (c ) ( iii ) , Environmental Impact Reports and to Section
9472 .2 (c ) Adult Entertainment. These word changes are being done at
the request of the City Attorney.
The Staff is also requesting that the City Council approve the
attached Urgency Ordinance extending the Zoning Moratorium of
fortunetelling businesses for one year . The one year extension is
necessary to complete the processing of Code Amendment No. 84-12 and
to enact an ordinance regulating the zoning and operation of
fortunetelling businesses within the City. Upon enactment of the
proposed ordinance regulating fortunetelling, the City Council will
be asked to rescind the one year moratorium and declare the
moratorium null and void.
ENVIRONMENTAL STATUS:
Pursuant to the environmental regulations in effect at this time,
the Department of Development Services posted draft Negative
Declaration No. 85-16 for ten days, and no comments, either verbal
or written were received. The staff , in its initial study of the
RCA - 5/23/85 -2- ( 2528d )
project, has recommended that a negative declaration be issued prior
to any action on Code Amendment No. 84-12, it is necessary for the
Planning Commission to review and act on Negative Declaration No.
85-16 .
FUNDING SOURCE:
Not applicable.
ALTERNATIVE ACTION:
The City Council may consider denying Code Amendment No. 84-12 which
would prohibit fortunetelling within the City. Th City Council may
also consider permitting fortunetelling businesses within the R5 ,
Office Professional District and the C2 , Community Business District
subject to the approval of a conditional use permit.
ATTACHMENTS:
1 . Minutes of the May 7 , 1985 Planning Commission meeting
2 . Staff report dated May 7, 1985
3. Negative Declaration 85-16
4 . Ordinance for fortunetelling
5 . Urgency Ordinance
JWP:MS: kla
RCA - 5/23/85 -3- ( 2528d )
e
5. The granting of this Conditional Exception will not defeat the
general purposes or intent of the city ' s Ordinance Code.
The granting of the conditional exception will not adversely C�+
affect the General Plan of the City of Huntington Beach. `?
7
SUGG TED CONDITIONS OF APPROVAL
1 . Th site.' plan received and dated April 8, 11985 shall be revised.
and esubmitted depicting the modifications described herein:
a. elocation ' of mobilehome to 25 feet easterly of the west
p perty line; 3 feet from north and, east property lines .
b. One en ,parking space.
2 . Prior to issu nce of building permits, a $140OO cash bond shall
be submitted t the Cityand approved by ,the City Attorney for
the purpose of i demnifying the City for any and all costs
incurred in the r oval of the temporary mobilehome and
necessary accessor structure(s ) . If the site is `not re*tored
to its prior use wit in six months of this approval, the City
of Huntington Beach o its agents or employee's may enter' onto
the property where sai temporary mobilehome is located and
remove said mobilehome, d the cost of removal shall be
deducted from the bond an summarily forfeited and paid over to
the City. of Huntington Bean and the remainder , if any,
returned to the person deposi ing the bond.
3 . A building permit shall be obtai ed for the temporary
installation of the new mobilehom .
4 . All necessary .electrical , plumbing, nd/or mechanical permits
shall be obtained.
5. The new mobilehome shall .remain on wheel
6 . No skirting shall be permitted around then. mobilehome.
7 . The new mobilehome shall be relocated to the first vacant space
within the park within the six month period.
8. Conditional Exception No. 85-06 shall expire on No mber 6,
1985.
C-10 CODE AMENDMENT NO. 84.-12 - "FORTUNETELLING" - NEGATIVE
DECLARATION NO.. 85-16
Applicant: City of Huntington Beach
.. Code Amendment No. 84-12 is a request to permit "fortunetelling" in
the C4, Highway Commercial District and the North Huntington Center
Specific Plan subject to the approval of a . Conditional Use Permit by F'
71
the Planning Commission. .
-17-
L ACP AEkfr 1
Code Amendment No. 84-12 was previously before the Planning
Commission .on July 10, 1984 . At that time, the Planning *Commiss.ion
was informed that final . court action was still pending on
fortunetelling and recommended postponing. ,action until a final
decision was reached by the court. Based on this information, the
Planning Commission voted to table Code Amendment No. 18,47 2 until a
final determination is made by the State Supreme. Court regarding the
subject use.
On June 4, 1984, the City Council enacted a zoning moratorium
_ prohibiting the practice of fortunetelling. The moratorium will
expire on May 19, 1985. The City. Attorney's office has indicated
that as of April 26, . 1985, a decision had not been rendered by the
State Supreme Court with regards to the freedom of speech issue.
THE PUBLIC HEARING WAS OPENED:
There were no persons to speak for or against the proposal and the
public hearing was closed.
Chairman Livengood asked . the City Attorney. how the Commission should
act on this item. Attorney Sangster. stated that he was unable to
foretell the consequences of the lapse of the moratorium on this
item because he can not exactly determine what zones this will
impact. In view of the legal aspects, he stated that it would be
preferable to act on thi's item tonight . The Commission ' s action is
merely a recommendation to the '. City Council .
rn
Commissioner Erskine asked staff t.o explain what the recommendation
y: ? is saying when it states remove the Code Amendment No. 84-12 from
the table.
Mike Adams of staff stated that this item was tabled by the Planning
Commission July 10, 1984 pending final court action on
fortunetelling. The Planning Commission will have to take action to .
take this item off the table and then take action. on it.
.Commissioner Erskin.e .asked staff if the motion to take from the
. table and approve this item can be made in the same motion. Staff
stated yes.
ON. MOTION BY ERSKINE AND SECOND BY LIVENGOOD CODE AMENDMENT NO.
84-12 - "FORTUNETELLING" - NEGATIVE DECLARATION NO. 85-16 WAS TAKEN
FROM THE TABLE AND APPROVED BY THE FOLLOWING VOTE:
AYES : Rowe,, Winchell, Livengood, Erskine, Mirjahangir
NOES : None
- ABSENT: Porter , ,Schumacher out of the room
ABSTAIN: None .
_18-
.4untington beach developmei._ services department
sTA f
., .REPORT- .
TO: Planning Commission
FROM: — Development Services
DATE: May 1, 1985
SUBJECT: CODE AMENDMENT NO. 84-12 - "FORTUNETELLING"
Code Amendment No. 84-12 is a request to permit "fortunetelling" in
the C4, Highway Commercial District and the North Huntington Center
Specific Plan subject to the approval of a Conditional.', Use Permit by
the Planning Commission.
Code Amendment No . 84-12 was previously before the Planning
Commission on July 10, 1984 . At that time, the Planning Commission
was informed that final court action was still pending on
fortunetelling and recommended postponing action .until a final
decision was reached by the court . Based on this information, the
Planning Commission voted to table Code Amendment No. 84-12 until a
final determination is made by the State Supreme Court regarding the
subject. .use .
On June .4 , 1984 , the City Council enacted a zoning moratorium
prohibiting the practice of fortunetelling. 'The moratorium will
expire on May 19, 1985 . The City Attorney ' s office has indicated
that as of 'April 26, .1985, a decision had not been . rendered by the
State Supreme Court with regards to the freedom of speech issue .
The Staff is recommending that fortunetelling be permitted within
the C-,4 , Highway Commercial Districts and the North Huntington
Center Specific Plan area, subject to the approval of 'a Conditional
Use Permit . Fortunetelling is a highly specialized land use
generally serving a select group of people . The C-4, Highway .
Commercial District and the North Huntington Center Specific, Plan
( Site 2 ) are appropriate locations for .this type of land use ; easily
accessible to customers and located among other specialized land ,.
uses ; and, similar to. the businesses at Old World Village. Each
Conditional Use Permit application would be subject to. Planning
Commission review and a public hearing .
A-FM-238
2
� � M T
ENVIRONMENTAL STATUS:
Pursuant to the environmental regu.lat'ions in effect at this time,
the Department of Development Services posted draft Negative
Declaration No . 85-16 for ten days', and no comments, either verbal
or written were received . The staff, -":in its initial study of the
project, has recommended that a negative declaration b2 ,issued prior
to any action on Goc�c,�•wr•Ar.dw ►'4' Ito gq-t°�. _ , it is necessary
for the Planning Commission to review-,and act on Negative
Declaration No . 85-16.
'RECOMMENDATION:
Staff recommends that the Planning Commission remove Code Amendment
No . 84-12 from the table and approve along with Negative Declaration
No. 85-16 with a recommendation for C'ity Council adoption.
ATTACHMENTS:
1 . Ordinance
2 . Minutes from the July 10, 1984 Planning Commission Meeting.
3 . Negative Declaration No. 85-16
J 1a
Staff Report- 5/7/85 -2- ( 2348d )
CITY OF HUNTINGTON F�n-7CH
DEVELOPMENT SERVIC )EPARTMENT
P. O. Box 190
Huntington Beach, CA.92648
oil %It.,,,,,%wi%1 01 Tel: (714) 536.5271
ENVIRONMENTAL INFORMATION FORM
Fee - $115.00
FOR CITY USE ONLY
j , t pp..��
� 4� U►v��t�., "�DV� .1J �LL� Date �,, � a
Annlicant Authorized Agentr Received: ��� ,
Project
Number: 9P a V-J(p
Za00 M�W'ti . �`,��• -� . �Ga► L I '=. Department of Origin: "
Mailing Addresst.��►�-gv%r sewytct',;:
Cj �(� -S �'Z� Other Applications or
Telephone Permit �Numbers :
, .}.
rlrooerty (honer
N/A
t1ailing Address/Telephone
1. 0 Project Information (please attach Plot Plan and . submit
photographs of subject property)
1 . 1 Nature of Project: Give complete description of the proposed
project. "T0 P2✓�,�' ��- O ✓4�.tv�.�-E�.�.iV.,I VV t-• L,%tv%
1A,D kAV►v,^4kvNC. 40V % C tZ �5f-e,G,-rkC, T' �-nV %
I . 2 Location of Project: (Address , nearest street intersections)
r �� .fit r d rlor- ud•-t�► �ar� � • ��,�- � ,`�'��.. .
1 . 3 Assessor ' s. Parcel Number: 141,E
1 . 4 What is the present zoning on' the property?
1 . � What is,.the surrounding land use to the :
North
South
East
West
1 . 6 If the project is commercial or industrial give a complete
description of activities and other pertinent information
.including but not limited to estimated employment per shift
and any potential hazardous materials which may be used, etc .
1 . 7 If the project is residential , indicate number, types and
size of units and associated facilities .
1 . 8 If the project is institutional, indicate the major .function,
estimated employment per shift and maximum occupancy .
1 . 9 Project land area (acres) Number of parking
spaces
1 . 10 Square feet of building area N/�, Number of floors
1 . 11 Height of tallest structure involved in the project
1 . 0. Environmental Setting
2 . 1 Drainage and Flood Control
.0 Please describe how on-site drainage will be accommodated .
• ' 2 . 2 Land , Form
a) Is the site presently graded? ,/�
b) Indicate the gross cubic yards of grading proposed _
the acres of land to be grad t.
de . _ , the amount o '
earth to be transported on the site _ _ , and the
amount of earth to be transported off the site
c) What will be the maximum height and gr<<de of cut or fill
after grading is completed? OV/A
2 . 3, Soils
a) Type of soils on the subject site? (Submit soils report
if available) . N/A
2 . 4 Vegetation
a) Attach a map indicating the location, type and size of
trees located on the site. Indicate below the number ,
type and size of trees to be removed as a result of the
project. N/4
2 . 5 Water Quality
a) Does any portion of the project abut or encroach on beaches ,
estuaries , bays , tidelands , or inland water areas?
b) Describe how the project will effect any body of water .
$VIA-
2 . 6 Air nuality
a) If the project is industrial, describe and list air
pollution sources and quantity and types of pollutants
emitted as a result of the project. JlAr
2 . 7 Noise
a ) Describe, any adjacent off-site noise sources O .e . , air-
ports , indiist ry , freeways)
11) Wli.it noise wi 11 he produced by the project: If available ,
please (live noise levels in decible measurement and t}-pical
time distribution when noise will be produced . },t� .
C. How will noise produced by the project compare with
existing noise levels? VIA
L A ,`, Traffic
Approximately now much traffic will be generated by the project :
(check one)
0-50 vehicular trips pe'r day n!Z
50 - 250 vehicular trips per day
250 - 500 vehicular trips per day
over 500 vehicular trips per day
3 . 0 Public -Services and Facilities
3. 1 Water
a) Will the project require installation or replacement of
new water lines? &//A--
b) Please estimate the daily volume in gallons required to
serve the project. t,1
3 . 2 Sewer
a) will the project require installation or replacement of
new sewer lines? V/A1
b) Please indicate the approximate amount of sewage generated
from the project.
3 . 3 Solid Waste
a) If the project is industrial , describe the type and
amount (pounds/day) of solid waste generated by the project . .
I/A-
4 . 0 Social .
4 . 1 Population Displacement
a) will any residential occupants be displaced by the project
.activities? NO _
i
b) Describe briefly the type of buildings or improvements to
be demolished by the project . V/A -
Miti.gating Measures
5 . 1 Are there measures included in the project which - may conserve
nonrenewable resources (e. g. electricity, gas , water) ?
Please describe. t✓1,�..
5 . 2 . Are there measures included in the project which. wr uld protect
or enhance flora and fauna? Please describe . WIA_
5 . 3 Are there measures proposed in the design of the project to
reduce noise pollution? Please describe. N/A__
5 . 4 Are there measures proposed in the design of the project
(e, g. architectural .treatment and landscaping) which have
been coordinated with design of the existing community to
minimize 'visual effect? Please describe . M/A-
5 . 5 Are there measures proposed in the design of the project to
reduce water pollution? Please describe. PIIA-
5 . 6 Are there measures proposed which would reduce air pollution?
List any Air Pollution Control District equipment required.
VIA
5 . 7 Are there measures or facilities designed into the project to
facilitate resource recovery and/or energy conservation
(e.g. solar heating, special insulation, etc. ) ? Please
describe . 141A.
6 . 0 Alternatives
6 . 1 Are there alternatives to the project which may result i'n a
lesser adverse environmental effect? Please explain all project.
alternatives on, an attached sheet.
r hereby certify that the information herein' is true and accurate to
the best' of my knowledge .
bpr• 1 ZZ , I5bc
WWI
Signature Date Filed
CODE AMENDMENT NO. 84-12
gn
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY
AMENDING SECTIONS 93731 9472 . 2 AND 9700 .61
RELATING TO FORTUNETELLING BUSINESSES
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 sections 9373 , 9472.2 and 9700 .6 to read as
follows:
9373 . SITE II REGULATIONS. USES PERMITTED.-
(a ) Retail stores.
(b ) Restaurants , nightclubs , coffeehouses , snack bars and
other related facilities .
(c ) Services such as barber shops , beauty shops , shoe
repair .
(d ) Art galleries , art studios , art shops , antique shops ,
bookstores , photography studios and shops , gift shops ,
newspaper and magazine shops , import shops , interior design
studios '.
(e ) Chapels .
(f) Travel agencies .
(g ) Motels (not to exceed twelve (12 ) units ) .
(h ) Banks .
(i ) Handicraft shops , leathercraft shops , hobby-related
shops .
(j ) Fortunetelling subject to issuance of a conditional
use permit .
1 .
Q-F, ,CH MZINT 4-
9472 .2 . USES SUBJECT TO CONDITIONAL USE PERMIT. The fol-
lowing uses may be permitted subject to the issuance of a con-
ditional use permit :
(a) Unclassified uses as set forth in Article 933 .
(b) Convenience markets combined with gasoline stations
subject to the provisions contained in the C2, "Community
Business District. "
(c) Adult entertainment, as defined in At�AOXO/P7A and
subject to the regulations contained in Article
975.
(d) Fortunetelling.
9700.6. Words beginning with the letter "F" shall have the
following definitions:
( a) Family. A family is defined as $ two or more
Persons
living together
in a dwelling unit, sharing common cooking facilities, and
possessing the character of a relatively permanent single bona
fide housekeeping unit in a domestic relationship based upon
birth, marriage, or other domestic bond of social, economic and
psychological commitment to each other, as distinguished from a
group occupying a boardinghouse, club, dormitory, fraternity,
hotel, lodging house, motel, rehabilitation center, rest home
or sorority.
(b) Filly shall mean a female horse up to the age of four
(4) calendar years.
(c) Final Environmental Evaluation means that point in
time prior to rendering a decision for entitlement of a project
in which the environmental effects of the project have been
assessed for recommended action to the discretionary body.
Final environmental evaluation dates are established as follows:
( i ) Exempt Projects : date of application
acceptance;
( ii ) Negative Declarations: date of expiration of
2.
the posting period as required by law;
( iii ) Environmental Impact Reports : the date when
public hearings conducted OAfYiot by the
��io Environmental Review Committee have been
concluded.
(d) Foal shall mean a colt, gelding, or filly up to the
age of twelve ( 12) calendar months.
(e) Fortunetelling, as used in this code, shall include
astrology, palmistry, phrenology, lifereading, fortunetelling,
cartomancy, clairvoyance, clair audience, crystal gazing, me=
diumship, spirit photography, spirit writing, spirit voices,
spirit materialization, etherealization, prophecy, augury,
divination, magic, necromancy, fortunetelling by handwriting
analysis, or other similar business act.
SECTION 2. 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
day of 1985.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVEd:
ity Administrato Di ctor o op en
Services
RCS:ahb
2863/0547L
5/23/85
3 .
rublish May 23, 1985
NOTICE OF PUBLIC HEARING
CODE AMENDMENT #84-12 - FORTUNETELLING SUBJECT TO CONDITIONAL USE PERMIT
AND
PROPOSED URGENCY ORDINANCE #2770 - EXTENSION OF ZONING /RATORIUM
NOTICE IS HEREBY GIVEN that a public hearing will be eld by the City
Council of the City of Huntington Beach, in the Counci Chamber of the Civic
Center, Huntington Beach, at the hour of 7:30 P.M. , r as soon thereafter as
possible on Monday the 3rd day of June, 1985, for the purpose of considering
Code Amendment No. 84-12, a request to permit " ortunetelling" in the C-4,
Highway Commercial District and the North Hu ington Center Specific Plan
subject to the approval of a Conditional U e Permit by the Planning
Commission a The City Council will also a considering adopting proposed
Urgency Ordinance No. 2770 - AN URGEN ORDINANCE OF THE CITY OF HUNTINGTON
BEACH EXTENDING ZONING MORATORIUM 0 FORTUNETELLING.", an additional one year
zoning moratorium of fortunetelli businesses to allow the city time to study
J and enact an ordinance regulati the zoning and operation of such
fortunetelling businesses.
i
The City Council will also be considering Negative Declaration No. 85-16
assessing the environme al effects of Code Amendment No. 84-12.
All interested rsons are invited to attend said hearing and express
their opinions fo or against said Code Amendment No. 84-12/Negative
t Declaration No. 5-16 and proposed Urgency Ordinance No. 2770.
Further reformation may be obtained from the Office of the City Clerk,
2000 Main Street, Huntington Beach, California 92648 - (714) 536-5227.
S
l Dated: May 20, 1985
1
CITY OF HUNTINGTON BEACH
�\ By: Alicia M. Wentworth
�� City Clerk
` ?ublish May 23, 1985
NOTICE OF PUBLIC HEARING
CODE AMENDMENT #84-12 - FORTUNETELLING SUBJECT TO CONDITIONAL U , PERMIT
AND
PROPOSED URGENCY ORDINANCE #2770 - EXTENSION OF ZONING /RATORIUM
NOTICE IS HEREBY GIVEN that a public hearing will be Feld by the City
Council of the City of Huntington Beach, in the Counci Chamber of the Civic
Center, Huntin t Beach, at the hour of 7:30 P.M. , as soon thereafter as
possible on Mon ay the 3rd day of June, 1985, for a purpose of considering
Code Amendment N 84-12, a request to permit "F rtunetelling" in the C-4,
Highway Commercia\No. 277
and the North Hunt ngton Center Specific Plan
subject to the apa Conditional Us Permit by the Planning
Commission. The il will also b considering adopting proposed
Urgency Ordinance - AN URGENCY RDINANCE OF THE CITY OF HUNTINGTON
BEACH EXTENDING ZONING MORA IUM OF F TUNETELLING.", an additional one year
zoning moratorium of fortunete ing usinesses to allow the city time to study
and enact an ordinance regulatin a zoning and operation of such
fortunetelling businesses.
The City Council will als be consi ering Negative Declaration No. 85-16
assessing the environmental ffects of Co a Amendment No. 84-12.
All interested perso s are invited to at nd said hearing and express
their opinions for or gainst said Code Amendm t No. 84-12/Ne ative
Declaration No. 85-1 and proposed Urgency Ordin\hpce No. 2770.
Further i/, Huntington
ion may be obtained from the Off e of the City Clerk,
2000 Main Str Beach, California 92648 - (714) 536-5227.
Dated: Ma 2
CITY OF NTINGTON BEACH
By: Alici M. Wentworth
City Clerk
LEGAL NO CEL opowuR ,Ft-ycq Q 17't
NOTICE F PU
rr v�
NOTICLl=%=
hat a public hearing will be held
by the City of the City of Huntington Beach,
California, for the purpose of considering
r o Sty -!-2.. Vr'; ,�rts °� '
� 3' reso� U Nt AD,Na-cC.a ?7 0 —�• 10
�, /`�I� � r Y`.G�1F Q4�C� V l�NY1 � ��id V'�"�f'�'f'.�.s ~„�a ^i3r �Y���*�a�era"•ei
CA
(a- y`• ,�, _ t `J� ,� for 5 r► ; �� /�: �" :,
Said hearing will be held at the hour of P.M. , on
L1,1Y' � , 1a , 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 �ocQp �l��►w�-
Furth r information may be obtained from the City Planning
Department.
Telephone No. (714) 536-5271
DATED this day of .
CITY PLANNING COMMISSION
By
�;1, ,
s
CITY OF HUNTINGTON BEACH
White City Attorney
REQUEST FOR LEGAL SERVICES Canary
City Clerk
k City Administrator
M Goldenrod Departmental
HUNTINGTON BEACH '
DS 85-48
Date Request Made By Department
May 16, 19t35 James W. Palin, Director Development Services
INSTRUCTIONS: File request•in the City Attorney's Office,as soon as possible. Print or type facts necessary for City Attorney. Out-
line briefly reasons for the request.Attach all information and exhibits pertinent to the subject.
Type of Legal Service Requested:
[XI Ordinance [ ] Insurance [ l Other Extension Of time for
[ l Resolution [ J Bonds. Urgency Ordinance No. 2714
[ ] Contract/Agreement [ 1 Opinion Moratorium Ori fartuneteliing
All exhibits must be attached,or this request will be returned to you.
[ ] Exhibits Attached
Please, prepare an extension of time" far Ordinance No. 2714, an urgency•
ordinAnce enacting a . zoning moratorium on fortunetelling businesses
within the City for 90 days in order to allow sufficient time for they
City Council to adopt Code Amendment Noo. 84-12. Ordinance No. 2714
is a"ct ached for your review. �
JWP:145;jr
I
r
If for Council Action, If not for Council action,desired completion date .Signature:
1985 23,
Agenda deadline May
June 3,. 1985 .
Council meeting .` �a
i
PIO 12179
reu �s�cu
Publish May 23, 1985
NOTICE OF PUBLIC HEARING
CODE AMENDMENT #84-12 - FORTUNETELLING SUBJECT TO CONDITIONAL USE PERMIT
AND
PROPOSED URGENCY ORDINANCE #2770 - EXTENSION OF ZONING MORATORIUM
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 June, 1985, for the purpose of considering
Code Amendment No. 84-12, a request to permit "Fortunetelling" in the C-4,
Highway Commercial District and the North Huntington Center Specific Plan
subject to the approval-of a Conditional Use Permit by the Planning Commission.
Code Amendment No. 84-12 is also a request to add a definition of
"Fortunetelling" to Article 970 of the Huntington Beach Ordinance Code, a
revised definition of "family", minor word changes to S. 9700.6(4)(c)(iii),
Environmental Impact Reports and S. 9472.2 (c), Adult Entertainment.
The City Council will also be considering adopting proposed Urgency
Ordinance No. 2770 - AN URGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH
EXTENDING ZONING MORATORIUM OF FORTUNETELLING.", an additional one year zoning
moratorium of fortunetelling businesses to allow the city time to study and
enact an ordinance regulating the zoning and operation of such fortunetelling
businesses.
The City Council will also be considering Negative Declaration No. 85-16
assessing the environmental effects of Code Amendment No. 84-12.
All interested persons are invited to attend said hearing and express
their opinions for or against said Code Amendment No. 84-12/Negative ~
Declaration No. 85-16 and proposed Urgency Ordinance No. 2770.
Further information may be obtained from the Office of the City Clerk,
2000 Main Street, Huntington Beach, California 92648 - (714) 536-5227.
Dated: May 20, 1985
CITY OF HUNTINGTON BEACH
By: Alicia M. Wentworth
City Clerk
0490k OOOV
a�