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HomeMy WebLinkAboutPermit Temporary Uses on Properties Zoned RA - Residential - 1?bG (4- fSr IN THE '� � a^' ylr�GtG/ Superior Court �aP)t'i��3�7ED BY (,x_ . �..ODI'�a� !�'� OF THE .- 1-11 19 L-f- !/ S'I ATF OF CAi IFORNIA In and for the County of Orange u��OR CITY 0 ERK CITY OF HUNTINGTON BEACH9 CITY CLERK PROOF OF PUBLICATION ti State of California ) l County of Orange )ss Rita J Richter That i am and at all times herein mentioned was i citizen of the United States over the age of twenty one year,; and that I NOTICE OFPUKJCHEARINNG e Amendmew No.79-4 am not a part% to nor interested in the above entitled matter NOTICE IS HEREBY GIVEN that a that I am the principal clerk of the printer of the ppuublic hearing will be held by the City Council of the City of Huntington Beach in the Council Chamber of the Cmc Cen ter Huntington Beach, at the hour of Huntington Beach Independent Review 1730P.M or as soon thereafter aspossi a newspaper of general circulation published in the City of ble on Monday the 11th day of Sede m- her 1979 for the purpose of consiring Code Amendment No 79 4 initiated by Huntington Beach the Planing Department Code Amend alert No.79-4 to a proposed change in� County of Orange and which newspaper is published for the �nance�Code m oHrdert tea allow the disemmation of local news and intelligence of a general charac establishment of temporary uses upon ter and which newspaper at all times herein mentioned had the issuance of a conditional use permit and still has a bona fide subscription list of paying subscribers T�user i nature to shall be one which P P Y K �to similar m nature to the prevailing sur and which newspaper has been established printed and pub rounding uses within the general area lashed at regular intervals in the said County of Orange for a ( All interested Persons are invited to attend said hearing and express their period exceeding one year that the notice of which the iopinions for or against said Code Amend annexed IS a printed copy has been published in the regular ment No.794 and entire issue of said newspaper and not in an supplement Further information may Cl obtained Y PP �from the Office of the City Clerk 2000 thereof on the following dates to wit I Main Street Huntington Beach Califor nia 92648 (714)&16-5226 DATED August 31 19,9 September 69 1979 CITY OF HUNTINGTON BEACH By ALICIA M WENTWORTH City Clerk Pub Sept 6 1979 Hunt Beach Ind.Rev #ln_`5 t I certify (or declare) under penalty of perjury that the forego ing is true and correct Dated at Garden Grove California t[N{/s/1�6fthday of Sep/t,�em� r 79� 7 Signature l),OhLOA-/ 79�- Fo m No C4F 6579 REQUEST FOR CITY COUNCIL ACTION Submitted by James W Palin Department Development Services/Planning Date Prepared Sept 10, 19 79 Backup Material Attached XM Yes No Subject CODE AMENDMENT NO 79-4 AN ORDINANCE TO ALLOW TEMPORARY USES IN THE RA, RESIDENTIAL AGRICULTURAL DISTRICT, SUBJECT TO THE APPROVAL OF A CONDITIONAL USE PERMIT City Administrator s Comments Approve as recommended On O��" ��Statement of Issue Recommendation Analysis Funding Source Alternative Actions STATEMENT OF ISSUE Transmitted for consideration is Code Amendment No 79-4, an ordinance that would allow temporary uses to be located in the RA, Residential Agricultural Districts, pursuant to the approval of the Conditional Use Permit by the Planning Commission RECOMMENDATION The Planning Commission recommends that the City Council deny Code Amendment No 79-4 The Planning Staff recommends that City Council approve Code Amendment No 79-4 ANALYSIS Applicant Initiated by the City Council Location All property located within the City of Huntington Beach presently zoned RA, Resi- dential - Agricultural Request To permit temporary uses on properties zoned RA, Residential - Agriculture the temporary uses would be subject to the approval of a Conditional Use Permit by the Planning Com- mission 01-11 Pio ane Page Two PLANNING COMMISSION ACTION ON SEPTEMBER 5 1979 ON MOTION BY PAONE AND SECOND BY STERN THE COMMISSION RECOMMENDS TO THE CITY COUNCIL THAT NO ORDINANCE WHATSOEVER BE ADOPTED WHICH WOULD PERMIT REPLACEMENT OF A NON-CONFORMING USE TO ANOTHER ZONE WITHIN THE CITY WHERE SUCH A USE WOULD ALSO BE NON-CONFORMING AYES Higgins Russell, Stern, Paone, Cohen NOES Bazil ABSENT None DISCUSSION Code Amendment No 79-4 was prepared on direction of City Council This Code Amendment would allow for temporary uses to be established within the RA zone, Residential-Agricultural pursuant to the approval of a Conditional Use Permit by the Planning Commission The temporary use would be the result of a use that has been displaced from its location by action of the governmental agency through direct acqui- sition of the existing parcels on which the use is presently located The proposed temporary use would be subject to parking, setbacks, access and landscaping requirements of the specific zoning district in which it would be an allowed use These temporary uses may be approved for a period of five years by the Planning Commission After the five-year period is over, the applicant can reapply for a new Conditional Use Permit to extend the existing use At the September 5, 1979 Planning Commission meeting the Commission' s discussion centered around the fact that an ordinance such as this one would only perpetuate non-conforming uses within the City and would also detract from future development of areas that are presently zoned RA The Commission also discussed the fact that if an existing use is displaced by a governmental agency through the acquisition property the existing use should relocate in an area that is specifically zoned to accommodate that use Therefore the Planning Commission could not endorse or recommend that the City Council adopt this ordinance Commissioner Bazil indicated that if the City Council were to approve said Ordinance, he would like to see a provision inserted into the Ordinance which would allow the Planning Commission the ability to revoke a Conditional Use Permit establishing a specific use, where such use is abusing the privileges of the entitlement or non-complying with all the required conditions This condition could read as follows 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 on specific findings ENVIRONMENTAL STATUS The Environmental Resource Section of Development Services has reviewed this Code Amendment pursuant to the provisions of the California Environmental Quality Act and it has been determined that there is no environmental assessment required for this Code Amendment at this time Page Three FUNDING SOURCE Not applicable ALTERNATIVE ACTION The Council may approve Code Amendment No 79-4, which would allow for temporary uses in the RA zone or concur with the Planning Commission' s recommendation to not approve Code Amendment No 79-4, which would require that displaced uses located on properties that_ are acquired by governmental agency would have to relocate on property zoned for the specific use SUPPORTING INFORMATION 1 Ordinance Respectfully submitted James W Palin, Secretary ol� 1--1�T7"Y Publish 9/6/79 � NOTICE OF PUBLIC HEARING Code Amendment No 79-4 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 17th day of September , 19�q , for the purpose of considering Code Amendment No 79-4, initiated by the Planning Department Code Amendment No 79-4 is a proposed change in Article 930 of the Huntington Beach Ordinance Code in order to allow the establishment of temporary uses upon the issuance of a conditional use permit The use so established shall be one which is similar in nature to the prevailing surrounding uses within the general area All interested persons are invited to attend said hearing and express their opinions for or against said Code Amendment No 79-4 Further information may be obtained from the Office of the City Clerk 2000 Main Street, Huntington Beach, California, 92648 - (714) 536-5226 DATED 8/31/79 C I TY OF HUNT I NGTON BEACH By Alicia M. Wentworth � City Clerk IN 1'HF Superior Court ON THE STATE OF CALIFORNIA In and for the County of Orange CITY OF HUNTINGTON BEACH9 PLf11NNING I ROOT, (* I I lil 1( \1 If)\ Public Hearing- 79-4 '— LEGALIq-0TICE State of(-ilifornia ) NOTICE EMMENT�NO�9-4 County of Orange )ss NOTICE IS HF REBY GIVI N that a public hearing will be held by the City Planning Commission of the City of Huntington Beach California for the Rita J l e h t e r purpose of considering Code Amendment 0 79 4 is a proposed change in Article That I am and at all times herein mentioned was a citizen r f 910 of the Huntington Beach Ordinance the United States over the age of twenty one years and that I Code in order to allow the establishment of temporary uses upon the issuance of a am not a party to nor interested in the above entitled matter conditwnal use permit The uses so that I am the principal clerk of the printer of the established shall be one which is simdw in nature to the prevailing surrounding uses within the general area. Huntington Beach Independent Review Said hearing will be held at the hour of 7-00 P lit on September 5 19"9 in the a newspaper of general circulation published inthe City of Council Chambers Budding of the Civic Center 2LX10 Main Street Huntington Beach California Huntington Beach All interested persons are invited to attend said hearing and express the r opinions for or against the proposed Code County of Orange and which newspaper is pubh5hLd for the Amendment No 794 disemination of local news and intelligence of a general charac Further nformation may be obtained ter and which newspaper at all time,, herein mentioned had from the City Planning Department Tel phone No (714)510 5271 and still has a bona fide subscription list of paying subscribers DAThl) this 23rd day of August and which newspaper has been established printed and pub 1979 fishedB at regular intervals in the said County of Orange for a y J PLANNING(0viMISSION By lA'vIFSSV PALIN period exceeding one year that the notice of which the 9ecretari annexed is a printed copy has been published in the regulqr Pub Aug 23 1979 and entire issue of said newspaper and not inany supplement Hunt Beach Ind Rev iJ10466 thereof on the following dates to wit August 239 1979 I certify (or dt(lare) under penalty of perjury thit the for4o Ing is true and correct Dated at Garden Grove 2 rd August 79-) (alifornin this day-of 19 Signature 1 NOTICE TO CLERK TO SCHEDULE PUBLIC HEARING ITEM Code- -7r7"ff TO CITY CLERK'S OFFICE DATE FROM I/Pvt �oD..w_ �'t- Q...�rc PLEASE SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE FOR THE DAY OF 197'? AP's are attached AP's will follow No AP's Initiated by Planning Commission Planning Department _ Petition * Appeal Other Adoption of Environmental Status (x) �C YES NO Refer to Sewo.t ,t► ! �L�v l G. Planning Department - Extension �k for additional information * If appeal, please transmit exact wording to be required in the legal I-PI,vG- REQUEST FOR CITY COUNCIL ACTION RCA 171-78 Submitted by Floyd G Belsito Department Administration Date Prepared September 20 19 79 Backup Material Attached ® Yes ❑ No Subject TEMPORARY USES IN RESIDENTIAL AGRICULTURAL DISTRICT �1ty�4d INOW6rys 6omments Approve as reco m� e _0 I � .. Gi Statement of Issue Recommendation Analysis Funding Source Alternative Actions 0� STATEMENT OF ISSUE Council approved the first reading of the attached ordinance at its September 17th meeting with the inclusion of Paragraph (d) as read into the record RECOMMENDATION Approve the ordinance ANALYSIS The ordinance has had its first reading and Paragraph (d) has now been added to the written resolution as directed by the City Council Since the Paragraph was read into the record at the last Council meeting, it does not require a first reading again The Request for Council Action which previously accompanied the ordinance is attached for your information FGB/JC pj P1O 3/78