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HomeMy WebLinkAboutRetail Food services in M1-A Zone - Code Amendment 73-20 - O Affidavit of., Pv ication Stafc of California \ Comity of Orange ss City'of.Huntington.Beach r George Farquhar, being duly sworn on oath, says: That he is a citizen of the United-States; over the age.of twenty-one years. That he is the printer and publisher of the Huntington Beach News, a weekly newspaper of general circulation printed and pub- lished in Huntington Beach, California and circulated in the said County of Orange and elsewhere and published for the dissemination / of local and other news of a general character, and has a bona fide subscription list of paying subscribers, and said paper has been established, printed and published in the State of California, and County of Orange, for at least one year next before the publication of the first insertion of this notice; and the said newspaper is not devoted to the interest of, or published for the entertainment of any particular class, profession, trade, calling, race or denomination, or ) any number thereof. e� The Huntington Beach New was adjudicated a legal newspaper of general circulation by Judge G. K. Scovel in the Superior Court of Orange County, California August 27th, 1937 by order No. A-5931. , That the CODE AMENDMERT NO. 73-2.0 Published Huntington,Beach News Sept. 27,1973. NOTICE OF PUBLIC HEARING of which the:annexed is a printed copy, was published in said news- ode Amendment No. 73.20 NOTICE IS HEREBY GIVEN that a pub- lic hearing will be held by the City 011P, issue Council of the City of Huntington Beach, paper at least in the .Council Chamber of the Civic Center, 'Huntington Beach, at the hour of 7:00 P.M., or as soon-thereafter as commencing from the 2 th— day of September possible on Monday the 15th day of Octo- ber, 1973,'for the purpose of consider- ing Code-Amendment No..73-20, initiated] 1923 , and ending on the 2 th day of September by the City Planning Commission, the intent being to amend S. 9511.2 (Uses) Subject to Conditional Use Permit) to per- mit limited retail food service in an 192-3 , both days inclusive, and as often during said period and Industrial District. times of publication as said paper was regularly issued, and in the All interested persons are invited to regular and entire issue of said pewspaper proper, and not in a attend said-hearing and express their published therein on the following opinions for or against said Code Amend. supplement, and said notice was P g ment. dates, to-wit: Further information may 'be obtained from 'the Office of the City Clerk. Sebt. 27 s 19 73 DATED: 9/24/73 CITY OF HUNTINGTON BEACH By: Alicia M. Wentworth City Clerk i P blisher Subscribed and sworn to before me this 2 8 t h .day of Selptember 19_Z3_ IZD'h7�Gt�li a ZCfA.� Notary Public 6— Orange County, California ,+ THOM=Pulic-California IE W' Notary aOraMy CosSepte Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 TO: Honorable Mayor and City Council FROM: Planning Commission DATE: October 1, 1973 ATTN: David D. Rowlands , City Administrator RE: CODE AMENDMENT NO. 73- 20 Code Amendment No. 73-20 was initiated by the Planning Commission at the request of Mr. Charles Puccio . The purpose of this amendment is to permit limited retail food service in the Ml-A District. With this amendment to the Code , the Planning Commission is able to control the quality and quantity of such use iri the Ml-A District by the means of a Conditional Use Permit application. The Code Amendment was presented to the Planning Commission at the study session on August 28, 1973. The amendment was finalized per instructions from the Commission and a public hearing was set for September 185% 1973. At the public hearing Mr. Puccio addressed the Commission and stated that a rendering was on display. Mr. O' Connor, representing the Attorney' s office , stated that an item referring to on-site signs must be added to the Code Amendment. Code Amendment No. 73- 20 as amended. was approved by the Planning Commission with the following vote : Ayes : Geiger, Bazil , Porter, Wallin, Boyle , Higgins , Kerins Noes : None Absent: None Environmental Status : Pursuant to categorical exemptions of the State Guidelines of the California Environmental Quality Act of 1970 , only the underlying activities of the code amendment necessitate the filing of an exemption declaration. 0 CDC' 14fi1j F1UD)71�EA /1 -73 -aD Code Amendment No. 73- 20 October 1, 1973 Page 2 Supporting Information Submitted Herewith: 1 . Code Amendment No. 73- 20 2. Staff Reports - September 18 and August 28 , 1973 Information to be Submitted at the Public Hearing: 1 . Staff Comments Respectfully submitted, K. A. Reynolds , Secretary KAR: sp Enclosures v aG Publish 9/27/73 Poffedartw 0 NOTICE OF PUBLIC HEARING Code Amendment No. 73-20 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 7:00 P.M. , or as soon thereafter as possible, on Monday the 15th day of OcLg�er � 3, 19L, for the purpose of considering Code Amendment No. 73-20, initiated by the City Planning Com- mission, the intent being to amend S. 9511.2 (Uses Subject to Conditional Use Permit) to permit limited retail food service in an industrial district. All interested persons are invited to attend said hearing and express their opinions for or against said Code Amendment Further information may be obtained from the Office of the City Clerk. DATED: 9/24/73 CITY OF- HUNTINGTON BEACH By: Alicia M. Wentworth City Clerk SECOND DRAFT STAFF R. f 1.-W PROPOSED CODE AMENDMENT NO . 73 - 20 1 September 11 , 1973 2 May be generally referred to as : 3 "RETAIL FOOD SERVICES IN MI-A ZONE" 4 That the following changes are proposed to the Huntington Beach Ordinance Code : The intent being to hermit limited retail food 5 service in an industrial district . Said changes shall read as follows : 6 - - - - - - - - - - - - - - -- - - - - -- - - - - - -- - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - 7 REPEAI.Ell (None)-- - - - - - - -- - - - - - - -- - - - - - - - - - -- - - - - - - - - - - - - - - -- - - - - - - - 8 kl:Nll - (None ) -- - - - -- -- - - -- - - - - - - - - -- - - - - -- - -- - - - - - - - - - - - - - - - - - - - - - - - i 9 AMENDED: 10 S. 9511 . 2_ Uses subject to Conditional Use Permit . The following 11 uses may be permitted subject to the issuance of a conditional 12 use permit . 13 (a ) Unclassified uses as set forth in Article 933. ( 1853-6/73) . 14 ADDED : 15 ( b) Retait Food Senv.iee . Reta.it Aood senviees may be pehm.i.tted 16 pnov.ided that .the use compt.ies with att. appticabte 6ect,('10n1S 17 oA Division 9 and with .the Ao.P.1?ow.i-ng condit-ions 18 ( 1 ) Proposed tocat.ion .is on a connen tot at the inte.46ec•t4on 19 oA a4te4.iat highways pen Latest Alas.te.n Ptan ob Stnee.ts 201 and highways . 21 (2 ) Anch.itectunat design and bu.i.td.ing maten•i.ats shake 221 conAon.m with that o6 .the. .endustn.cat deve.topment . 23 ( 3 ) The. Peann.ing Commission detenm.i.nes that pubt4c neeess t. ty 24 and convenience o4 existing industn<.ai' 6ae.it'-it4'.es i.n ..the 25 area creates a need bon. such netait. Good se.nv_ice. 'f 1 26 I ( 4 ) On-s.i.te signs shaft be appAoved by .the Peanning 27 i Comm.iss.i.on at the, time o6 iasoan.c.e oA .the Cond.i.ticyine iltits i 28 �j Penmi.t, 5hatf eompP_y w.i.th they phovist'ons o� A.7 .tt(- vt-•- 976 • � i 1 and 4uc.h addi ttanat cund.i t<un.e upon on- 6.4:te 4ign4 a6 2 neee44aky to aenden ouch 4igno compattble with ex4'4t4'ng 3• a.ach.itectune . 4 5 7 8 9 10 11 i 12 .13 1 14 15 17 ( . 18 20 `I 21 i 22 , 2.3 !� i 24 !� i I i, 25 ; 2.6 I' i 27 ' 28 I SECOND DRAFT - :)TAFF REVS 1 PROPOSED CODE AMENDPENT NO. 73-20 2 September ll , 1973 3 May be generally ref(_-rred to as : "RETAIL,FOOD SERVICES IN M1-A ZONE" 5 That the following changes are proposed to the Hunting on Beach Ordinance Code : The intent being to permit limited r tail food 6 service in an industrial district. Said changes sh 1 read as follows : 7 --------------- ----------------------------- --------------- 8 REPEALED: (None) ---------------------------------------------- ------------------ 9 RENUMBERED: (None) -------------------------------------------- -------------------- 10 AMENDED: 11 S. 9511 . 2 Uses subject to Conditional U Permit. The following 12 uses may be permitted subject' to the i uance of a conditional 13 use permit. 14 (a) Unclassified uses as set fart in Article 933. (1853-6/73) . --------------------------------- ------------------------------- 15 ADDED: 16 Retait Food SeAvice. Retail 6 od services may be permitted p.7.ovide 17 that the use eompties with a appti able s ec-tion.6 o 6 Division 9 18 and with the 6oUowting con. ''ions : 4 19 ( 1 ) PjLoposed toca,tion c on a eotnen tout the intersection oo 20 antetiat highways yen .latest Masten P an o4 Streets and 21 Highways. 22 ( 2 ) Anch.itcectuhaZ esign and bu4'_?.d.ing ma.ten "ats s[iaPC cont,o.7m i 23 with that o{y the 4.ndu6.0n.i.ae. dev(,f'.oj:)mcn•t. � 24 ( 3 ) The Ptanni - Commission de-tc&m.ines that pu .Cic necessity and 25 conveiticn .e oU exist-ing indu.6 t)Liat 6ac-iti't s ,in ,the a7ea 26 e-7ea.tes a need ion such 7eta-it {good service. 1 of Publication State of California County of Orange ss City of Huntington Beach George Farquhar, being duly sworn on oath, says: That he is a citizen of the United States, over the age of twenty-one years. That he is the printer and publisher of the Huntington Beach News, a weekly newspaper of general circulation printed and pub- lished in Huntington Beach, California and circulated in the said County of Orange and elsewhere and published for the dissemination of local and other news of a general character, and has a bona fide subscription list of paying subscribers, and said paper has been established, printed and published in the State of California, and County of Orange, for at least one year next before the publication of the first insertion of this notice; and the said newspaper is not devoted to the interest of, or published for the entertainment of any particular class, profession, trade, calling, race or denomination, or any number thereof. Published Huntington Beach News Sept. The Huntington Beach New was adjudicated a legal newspaper 6,1973. of general circulation by Judge G. K. Scovel in the Superior Court LEGAL NOTICE ' of Orange County, California August 27th, 1937 by order No. A-5931. NOTICE of PUBLIC HEARING CODE AMENDMENT NO.73.20 That the I\IQTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a pub- lic hearing will be held by the City Planning Commission of the City of Hunt- O01) �l�iuT�]]1iJ2' I'd0> ington Beach, California, for the purpose ?3-20 of considering a Proposed Code Amend-1 of which the annexed is a printed copy, was published in said news- ment. The intent being to permit limited retail food service in,an. industrial dis- trict:' ' paper at least one issue Said.hearing will be held at•.the hour of 7:00 P.M., on.September:18,'1973, in the Council Chamber of the Civic Center, Hun on 5th commencing from the 6tn_ day of Sertel�:;er Street btetweenon aMain Street nand Ora gel Avenue. All interested persons are invited to 19_7_, and ending on the 6t_ day of SeT)tember attend said hearing and express their) opinions for or against the proposed Code Amendment. 19._Li y: Further information may be obtained —, b l .ioth da inclusive, and as often during said period and from the City Planning Department. times of publication as said paper was regularly issued, and in the Telephone No. t7141 536-127? regular and entire issue of said pewspaper proper, and not in a DATED this 6th day of September, 1973.1 supplement, and said notice was published therein on the following I CITY PLANNING COMM1551ON I dates, to-wit: By K. A. Reynolds Secretary Sent 6, , 973 A ;7 Publisher Subscribed and sworn to before me this 7th day of Se-Ptember 19_Z3 _ Notary Public Orange County, California s THOMAS D• WYLLiI; Notary Public-California c± w Orange County My Commission Exoires Sepfem,ber 12, 1974 City Clerk City of Huntington Beach The Huntington Beach Planning Commission, at their regular/adj i�d meeting held September 18, 1973 , recommended approval of Corte Amendment No. 73- 20 If approval has been recommended, the City Council will be required to hold a public hearing on this matter. Although there is a 10 day appeal period, we suggest that the matter be set for the earliest possible City Council meeting, because the purpose of any appeal is to have a hearing before the City Council and this is already being accomplished. We further suggest that you not accept any appeal, as it will serve no purpose. If approval has been recommended other than as requested, the City Council will be required to hold a public hearing on this matter. However, there is a possibility that the Planning Commission's decision will be appealed; therefore, we suggest that publication be held off until the 10 day appeal period has expired. If denial has been recommended, the City Council may summarily deny the request. However, we suggest that the matter not be scheduled on the City Council agenda until the 10 day appeal period has expired. A copy of the Planning Department legal notice, and a list of owners of property within 300 feet of the subject area will be submitted upon your request. The applicant in this matter is Planning Commission (Address) City of Huntington Beach F.U. x Huntington Beach, CA 92648 (Telephone) 536-5271 Kenneth R. Reynolds, Pl Anning [A rector by SPierce Environmental Impact Report approved Q Exemption declaration approved (� Excluded