HomeMy WebLinkAboutSite Plan Application and Appeals - Code Amendment 66-15 - O ' ---- P. 0. Box 190
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September 6, 1966 --_._.........._---..............................
L E T T E R O F T R A N S M I T T A L
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TO : HONORABLE MAYOR AND CITY COUNCIL
FROM: Planning Commission
SUBJECT: CODE AMENDMENT NO. 66-15 - Site Plan
ATTENTION: Doyle Miller, City Administrator
Paul Jones, City Clerk
Gentlemen:
Transmitted herewith is a proposed code amendment to Divi-
sion 9 of the Huntington Beach Ordinance Code.
Said amendment proposes to add Article 989, Site Plans , to
Division 9 .
This amendment describes the procedure for making a Site
Plan application to the Planning Commission and also the
manner in which appeals may be made to the City Council.
The Planning Commission unanimously approved this matter
on August 16, 1966, and recommends adoption by your Honorable
Body.
The Code provides that a public hearing shall be held on the
matter after which an ordinance may be adopted effecting the
change
Respectfully submitted,
K. A. Reyno ds
Secretary
KAR/bd
Encl: Code Amendment No. 66-15
Section 1. That the following sections are
hereby added to Division 9 of the Huntington Beach
Ordinance Code and shall read in words and figures
as follows :
ARTICLE 989
SITE PLAN
S. 9890 Site Plans
S. 9891 Applications
S. 9891.1 Filing
S. 9891.2 Filing Fee
S. 9891.3 Hearings
S. 9891.4 Action by Commission
S. 9891.5 Effective Date of Approval
S. 9892 Appeal to or Challenge by the
City Council
S. 9892.1 Time Limit
S. 9892.2 Form and Content
S. 9892. 3 Report
S. 9892.4 Filing
S. 9892.5 Notice of Time and Hearing
S. 9892.6 Action by City Council
S. 9893 Time Limit
S. 9894 Discontinuance of Use
S. 9895 Application After Denial
S. 9896 Effectuation
S. 9890 Site Plans : Site Plans , revocable,
conditional or valid ioz a term period may be issued
for any of the uses or purposes for which such plans
are required or permitted by the terms of the Hunt-
ington Beach Ordinance Code.
S. 9891 Applications :
S. 9891.1 Filing: Applications for
approval of a site plan shall be filed in the Office
of the Planning Department. Said application shall
by made by the owner of the property or the property
owner ' s authorized agent. If the applicant is not
the property owner, a letter from the property owner
authorizing the agent to act in his behalf shall
accompany said application.
S. 9891.2 Filing Fee : At the time the
application is filed the applicant shall pay a fee
of Seventy Five ($75. ) dollars.
S. 9891. 3 Hearin: A public hearing
shall be hell by the 71anning Commission prior to
taking action on a Site Plan.
S. 9891.3.1 Time of Hearing: Upon
filing an application for a S7e Plan, the Planning
Department shall set said application for public
hearing within thirty (30) days after the filing
date.
S. 9891.3.2 Notice of Hearing: Notice
of the time , place , and purpose of the public hear-
ing, together with boundaries or a description of
the property or area under consideration shall be
given by mailing a postal card or other notice ,
containing said information, not less than ten
(10) days prior to the date of the hearing mentioned
therein, to the owners of all property described
in said proposal and to all owners of property
within 300 feet of the exterior boundaries of
said described property. The last known address
of such owner or the address given for such
owners as shown on the latest adopted tax rolls
of the County Assessor shall be used for such
notification.
S.9891.3. 3 Rules : The Planning Commission
may prescribe its own rules and regulations for
conducting its hearing and taping testimony.
S. 9891. 3.4 Hearing Date Continuance :
The Planning ommission may continue the public
hearing to another date without givingifurther
notice thereof if such date is announced at the
public hearing.
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S. 9891.4 Action by Commission: In
order to approve any ite Plan, the findings of
the Planning Commission shall be such that the
eztablishment, maintenance, or operation of the
use or building applied for will not, under the
circumstances of the particular case , be detri-
mental to the health, safety, peace , morals, com-
fort, and general welfare of persons residing or
working in the neighborhood of such proposed use
or be detrimental or injurious to property and
improvements in the neighborhood or to the general
welfare of the City.
S. 9891.4.1 Approval : The Planning
Commission may approve a Site Plan if they find
that all conditions of this Article, and the
development standards of said use, are complied
with.
S. 9891.4.2 Denial : The Planning
Commission may deny a Site —'lan if they find that
any of the conditions of this Article , or the de-
velopment standards of such use , are not complied
with.
S. 9891.4.3 Conditional Approval : The
Planning Commission may conditionally approve a
Site Plan when they find that substantial compli-
ance with the requirements of this Article , and
the development standards of such use, can
reasonably be met.
S. 9891.4.4 Finding of Fact and Decision:
In granting, modifying, or denying a Site Plan, the
Planning Commission shall specify the facts relied
upon in rendering a decision. Said decision shall
be made within thirty (30) days after the public
hearing.
S. 9891.4.5 Failure to Act : Failure of
the Planning ommission to take final action on any
matter submitted in accordance herewith, within
thirty (30) days subsequent to the date of filing
or the date said plan was referred to the Planning
Commission by the City Council, shall be considered
a decision of the Planning Commission recommending
that such matter or petition be denied unless a
continuance is agreed to by all parties concerned.
S. 9891.4.6 Notice of Decision: Notice
of the Planning Commission' s decision shall be
mailed to the applicant within five (5) days after
such decision is rendered.
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S. 9891.5 Effective Date of Approval -
Site Plans shall not become e fective for ten 10)
days after being granted, and in the event an
appeal i,s filed, or a challenge is issued by the
City Council, said Site Plan shall not become
effective until a decision is made by the City
Council on such appeal.
S. 9892 A2peal to or Challenge by the
City Council The applicant or
any aggrieved party may appeal a decision or require-
ment of the Planning Commission to the City Council
and the City council or any member thereof may
request in writing, without explanation, a hearing
before the City Council to consider any decision,
determination, or requirement of the Planning
Commission.
S. 9892.1 Time Limit : All
challenges 'shall be made within ten (10� days
following the Planning Commission' s decision.
S. 9892.2 Form and Content : Any appeal
or challenge shall be in writing and shall specify,
in detail, any grievance or error of decision; or
requirement of the Planning Commission.
S. 9892. 3 Report : The City Clerk shall
report the filing of such notice of appeal or chal-
lenge to the Planning Commission and a written
report shall be submitted to the City Council by
the Planning Commission or shall be represented
at the hearing. The party whose decision, deter-
mination or requirement by the Planning Commission
is upon appeal or challenge may submit a written
report to the City Council for consideration.
S. 9892.4 Filing: All appeals to the
City Council shall be filed with the City Clerk.
S. 9892.4.1 Filing Fee : Accompanying
any appeal shall be a filing fee of Seventy Five
( �5.) dollars
S. 9892. 5 Notice of Time and Hearing:
Any decision or requirement of the Planning
Commission that is appealed to, or challenged by
the City Council or any member thereof, shall be
set for public hearing before the City Council.
Said hearing shall be held at the earliest poss-
ible regular City Council meeting with public
notification as required by the applicable pro-
visions of this Article.
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S. 9892.5.1 Hearing Date Continuance :
The City Council may continue the public hearing to
another date without giving further notice thereof
if such date is announced at the public hearing.
S. 9892.6 Action by City Council : The
City Council may, after public hearing, affirm,
reverse or modify the Planning Commission' s
decision. Furthermore , the City Council may make
any additional determination or requirement it
shall consider appropriate within the limitations
imposed by this Article. The decision of the City
Council shall be final.
S. 9892.6.1 Finding of Fact and Decision:
In granting, modifying or denying an appeal or
challenge , the City Council shall specify the facts
relied upon in rendering a decision. Said decision
shall be made within thirty (30) days after the
public hearing.
S. 9892.6.2 Notice of City Council Decision:
Notice of the City ouncil ' s decision shall be mailed
to the applicant within five (5) days after such
decision is rendered.
S. 9893 Time Limit : Each Site Plan
authorized under the provisions of this Article
which is not actually established or the actual
construction commenced within one (1) year from
the date of final approval shall become null and
void. For the purpose of this Section, actual
construction means that construction has started
and is proceeding without undue delay. Prepara-
tion of plans, securing financial arrangements,
issuance of building permits, letting of contracts,
grading of the property, or stockpiling of materials
on the site shall not constitute actual construction.
S. 9894 Discontinuance of Use : When
any use of land, building, or premises established
under the provisions of this Article has been
discontinued for a period of one (1) year, it
shall be unlawful to use such land, building, or
premises for such discontinued use unless a
subsequent Site Plan is approved.
S. 9895 Application After Denial : If a
Site Plan has been denied, no further application
covering the same premises for the same or similar
use shall be filed or considered within the period
of one (1) year from the date the determination
thereof became final.
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S. 9896 Effectuation: No building permit
shall be issued in any case where a Site Plan is
required by the terms of the Huntington Beach Ordin-
ance Code, unless and until such Site Plan has been
granted® No Certificate of Occupancy shall be
issued until all terms and conditions of such Site
Plan have been completed or fulfilled.
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