HomeMy WebLinkAboutSpecial Zones - Cemeteries and Pet Cemeteries - Code Amendme r .f
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IN THE 00 G1ti
Superior Court �o 11Z'Q
a�4
OF THE
STATE OF CALIFORNIA
In and for the County of Orange
CITY OF HUNTINGTON BEACH PROOF OF PUBLICATION
CITY CLERK PUBLIC HEARING
State California )ss NOTICEW-PO$LICNEARING
Countyy of Orange ) CODE AMENDMENT 83-18
SPECIAL ZONES
NOTICE IS HEREBY'GIVEN that a
public hearing will be held by the City
APRI L L. ELLIOTT Council,of the City of Huntington Beach,
Cen-
That I am and at all times herein mentioned was a citizen of to the Council Chamber of the Civic
ter,Huntington 7:30 Beach,at the hour of 36
the United States,over the age of twenty-one years,and that I } P.M.,or as soon thereafter as possible on
am not a party to,nor interested in the above entitled matter; ft Tuesday,the 6th day of,September,1983,
that I am the principal clerk of the printer of the for..the purpose of considering Code
P P P Amendment'83-18 which revises Article
r 962 of Division 9 entitled"Special Zones"
to add an SP-2 Special Zone to the Article
establishing'Standards for pet cemeteries
HUNTINGTON BEACH IND. REV■ in.the City. Additionally, some minor
a newspaper of general circulation,published in the City of clean-up revisions are proposed for the !
SP-1 Special Zone which-regulates Bevel- I
HUNTINGTON BEACH opraent of human cemeteries.A copy of
this code amendment is on rile in the.
Department of Development Services.
County of Orange and which newspaper is published for the . Negative Declaration 83-24 will also,
be considered in connection with said
disemination of local news and intelligence of a general charac- code amendment.
ter, and which newspaper at all times herein mentioned had All interested persons are invited to
and still has a bona fide subscription list of paying subscribers, opinnioio said hearing and express their
opns for or against said Code Amend-
and which newspaper has been established, printed and pub- ment No.83-18 and Negative Declaration
lished at regular intervals in the said County of Orange for a 83-24...
period exceeding one year; that the notice, of which the Further information it be obtained
P g y from the Office of the City Clerk, 2000
annexed is a printed copy, has been published in the regular Main Street,Huntington Beach,Califor-
and entire issue of said newspaper,and not in any supplement nia.92648-(714)536-5227.
983
thereof,on the followingdates,to wit: DATED August IN TO
� CITY OF HUNTINGTON'BEACH
By:Alicia M.Wentworth
City Cleik
Pub.August25,1983
Hunt.Beach Ind.Rev.#34487
AUG. 259 1983
I certify(or declare) under penalty of perjury that the forego-
ing is true and correct.
GARDEN.GROVE
Datedat................................................
California,t ,,.26t�lay of ..AUG. 1/9� 83
Signature
For No.POP 92082
v�
REQUEST FOR CITY COUNCIL ACTION
Date S@ptember 6. 1983
Submitted to: Honorable Mayor and City Council
Submitted by: Charles W. Thompson City Administra o
1W
James W. Palin Director of Development Service `-moo"
Prepared by: � P p
Subject: CODE AMENDMENT NO. . 83-18/NEGATIVE DECLARATION NO. 83-24
O)PL)
Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE
Transmitted for ' the City Council ' s consideration ,is Code Amendment
No. 83-18/Negative Declaration No 83-24 which revises Article 962
of Division 9 entitled "Special Zones" to add an' SP-2 Special Zone
to the Article establishing standards for pet cemeteries in the
City. Additionally, some minor clean-up revisions are proposed
for the SP-1 Special Zone which regulates development of human
cemeteries.
RECOMMENDATION:
The Planning Commission and the Department of Development Services
recommend that the City Council approve_ Negative Declaration No.
, 83-24 and adopt Code Amendment No. 83-18.
PLANNING COMMISSION ACTIONS ON AUGUST 2, 1983:
ON MOTION BY HIGGINS AND SECOND BY PORTER NEGATIVE DECLARATION NO.
83-24 WAS APPROVED FOR RECOMMENDATION TO THE CITY COUNCIL BY THE
FOLLOWING VOTE:
AYES: Porter, Erskine, Winchell, Mirj.ahangir, Higgins, Livengood
NOES: None
ABSENT: Schumacher
ABSTAIN: None
ON .MOTION .BY HIGGINS AND. SECOND 'BY PORTER CODE AMENDMENT NO. 83-18
WAS APPROVED FOR RECOMMENDATT•ON ,TO THE CITY COUNCIL FOR ADOPTION
BY THE FOLLOWING VOTE:
i
AYES: Porter, Erskine, Winchell, Higgins
NOES: Livengood,-' Mirjahangir
ABSENT: Schumacher
ANALYSIS:
In response to numerous public inquiries, the. City has proposed
establishment of. the SP-_2 Special Zone to provide specific land-
scaping and development standards for pet cemeteries in the City.
PIO 4/81 ., goo
CA 83-18/ND 83-24
Page 2
The proposed ordinance requires a minimum lot size . of at least
2. 5 acres before: an SP-2 zone can be placed on any property and
provides for setbacks, height limitations and landscaping re-
quirements: for facilities commonly found within pet cemeteries.
Any of. the permitted uses =in the SP-2_ Special..Zone would be sub-
ject to.-the issuance of -a conditional use permit.
The code amendment also incorporates some minor clean-up revisions
for the SP-1 Special Zone which establishes development criteria
for . human cemeteries. The proposed change clarifies and updates
the ordinance's wording when specifying setback. and building
separation requirements by replacing "from any property in any
'R' zone" to "any adjacent property line. "
Commissioner Livengood, in..voting for denial .of the code amendment
at the August 2,. 1983 Planning Commission meeting, stated his
primary concern was that the ordinance' s development standards
were too restrictive. Commissioner Mirjahangir, also voting
for denial of the project, had reservations about allocating
property for a use that may not generate the City any revenue.
ENVIRONMENTAL STATUS:
Following review of the subject code amendment. by the City' s En-
vironmental Review Committee, Negative Declaration No. 83-24 was
prepared and posted for the required ;ten day review period be-
ginning July 7, 1983 . No comments have been received on the
negative declaration.
FUNDING SOURCE:
None required.
ALTERNATIVE ACTIONS: .
The City Council may adopt Code Amendment No. 83-18 as recommended,
modify it as desired, .or. deny the code amendment request.
ATTACHMENTS:
1. Code Amendment No, . 83-18
2. Planning Commission staff .report - August 2, 1983
3. Planning Commission staff' report - July 19 , 1983
JWP:RA: js
ORDINANCE NO. OK/
AN ORDINANCE OF THE CITY OF' HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY AMENDING ARTICLE 962 AND ADDING A NEW
SECTION SP-2 PERTAINING TO SPECIAL ZONE (PET
CEMETERY)
The City Council of the City of Huntington Beach does ordain
as follows :
SECTION 1 . The Huntington Beach Ordinance Code is amended by
amending Article 962 to read as follows :
ARTICLE 962
SP-1, SP-2 SPECIAL ZONES
9620 SPECIAL ZONES ESTABLISHED
9621 SPECIAL ZONES, REQUIREMENTS AND LIMITATIONS
9621 . 1 SP-1 Special Zone (Cemetery)
9621 . 2 Uses Permitted
9622. 1 SP-2 SpeciaZ Zone (Pet Cemetery)
9622. 2 Uses Permitted
9620 SPECIAL ZONES ESTABLISHED. There are hereby
established the following Special Zones :
SP-1 Special Zone (Cemetery )
SP-2 SpeciaZ Zone (Pet Cemetery)
9621 SPECIAL ZONES, REQUIREMENTS AND LIMITATIONS.
Property classified in the zones enumerated in Section 9620 hereof
shall be strictly limited to the uses hereinafter enumerated and
set forth in this Article . No property shall be rezoned to any of
the zones enumerated in Section 9620 unless the written consent or
request of the owner or owners is filed with the City Planning
Commission, except that in the case of SP-1 Special Zone (Cemetery ) .
property may be reclassified to said zone provided that such
property has been dedicated for cemetery purposes by a corporation
holding a valid certificate of Cemetery Authority issued by the
State of California and whose principal place of business is within
the City of Huntington Beach. -If deemed necessary, the city can
initiate a zone change to SP-2 ,SpeciaZ Zone (Pet Cemetery) to
preserve a pet cemetery use within Huntington Beach.
1.
The zones enumerated in Section 9620 of this Code are established
due to special circumstances and conditions , and if at any time the
owner or owners of property in said zones file a request, the City
Planning Commission shall immediately undertake investigation and
study toward the rezoning of said property 'to an appropriate zone
within the Comprehensive General Plan .
All sections of the Huntington Beach Ordinance Code that provide
for a transition from one zone to another, or provide for special •
permission due to the proximity of property zoned for a heavier
use , shall not apply to property in zones enumerated in Section
9620. Zones enumerated in Section 9620 shall be considered Special
Zones, restricted as to use , and no use shall be permitted in the
zones enumerated in Section 9620 except those uses specifically
enumerated in this Code .
All yards shall be measured either from the existing property line ,
the ultimate right-of-way line as adopted on the Master Plan of
Arterial Streets and Highways and any amendments thereto, or any
precise plan of a street and/or alley alignment, whichever measure-
ments may be greater .
9621 . 1 SP-1 Special Zone (Cemetery ) . No person shall cause
t.o be buried or interred the body or remains of a human being , any
t,.LE,ce within the City of Huntington Beach not classified in the
SP-1 Special Zone (Cemetery ) .
9621 . 2 Uses Permitted. The following uses only are
permitted in the SP-1 Special Zone (Cemetery ) :
(a ) Burial of bodies , ashes, or remains of dead human beings below
the ground, including placement or erection of markers, headstones
or monuments over such places' of burial .
(b) Entrance features, including gates, fountains, statuary and
the like , provided the main portion of the entrance features are
located at least ten ( 10 ) feet from any public street .
(c ) Business or administration offices, flower shops, mortuaries
and chapels upon the following conditions :
1 . Any such building or structure shall be at least ten ( 10 )
feet from any public street and five ( 5 ) feet from any preper-ty-i-R
zany-1'R1'-woe: adjacent property Zine .
2. No such building or structure shall exceed thirty ( 30 )
feet in height.
2.
3. All required areas between such buildings or structures
and a public street and property-in-aimy-'aR'a-gene; any adjacent
property Zine, except for walkways, parking areas or driveways,
shall be landscaped and permanently maintained.
(d) The necessary maintenance facilities including lath houses,
greenhouses , warehouses, repair shops and the like upon the
following conditions :
1 . Any such building or structure shall be at least twenty ' .
( 20 ) feet from any public street and five ( 5 ) feet from any prep-
perty-tn-any-aR"-iete- adjacent property Zine.
2. No such building or stucture shall exceed one (1 ) story
in height.
3. All required areas between such buildings or structures
and a public street and pepety-gin-any--'R'a-gene; any adjacent
property Zine, except for walkways, parking spaces or driveways,
shall be landscaped and permanently maintained.
(e ) Crematory, upon the following conditions :
1 . Such building or structure shall be at least fifty ( 50 ) '
feet from any public street and any property-in-any--'R'-''-zene;
adjacent property Zine.
2. No such building or structure shall exceed fifteen ( 15 )
feet in height.
(f ) Mausoleums, columbariums or other like buildings or structures
for interment of human remains, upon the following conditions :
1. Any such building or structure less than twenty ( 20 ) feet
in height shall be at least three ( 3 ) feet from any public street
and five ( 5 ) feet from property-}n-any-'aR'-'-gene- any adjacent
property Zine .
2. Any such building or structure from twenty ( 20 ) feet to
forty ( 40 ) feet in height shall be at least fifty ( 50 ) feet from
any public street and fifty ( 50 ) feet from any property-gin-any
'R-''-_ene- adjacent property Zine.
3. No such building or structure shall exceed forty ( 40 )
feet in height.
4. All areas between such buildings or structures and a
public street and property-in-any--'R-''-gene; any adjacent property
Zine, except for walkways, parking spaces and driveways , shall be
landscaped and permanently maintained. Provided, however, if such
areas are used for off- street parking of automobiles there shall
be a strip of land not less than five ( 5 ) feet in width surrounding
such off-street parking areas , except for walkways and driveways,
3.
which shall be landscaped and permanently maintained.
(g) All property within a cemetery shall be enclosed with a
fence or wall provided:
1 . No solid portion of any wall or fence adjacent to
property-in-any-"R"-gane any property Zine, shall exceed six (6)
feet in height.
2 . No open mesh type wire fence or iron work shall exceed
ten (10) feet in height except as may be part of an entrance
feature and within fifty (50) feet of such entrance.
3 . Any space greater than one (1) foot between a public
street and a solid wall or fence shall be landscaped and per-
manently maintained.
9622. 1 SpeciaZ Zone (Pet Cemetery)
9622. 2 Uses Permitted. The foZZowing uses onZy are per-
mitted in the SP-2 SpeciaZ Zone (Pet Cemetery) subject to the
issuance of a conditionaZ use permit pursuant to the provisions of
ArticZe 984:
(a) Burial of dead animals, ashes or remains of dead animals beZow
the ground, incZuding pZacement or erection of markers, headstones
or monuments over such pZaces of buriaZ.
(b) Entrance features, incZuding gates, fountains, statuary and
the Zike, provided the main portion of the entrance features are
Zocated at Zeast ten (10) feet from any pubZic street.
(c) Business or administration offices and fZower shops, mortu-
aries and chapeZs upon the foZZowing conditions :
1 . Any such buiZding or structure shaZZ be at Zeast ten (10)
feet from any pubZic street and ten (10) feet from any adjacent
property Zine .
2. No such buiZding or structure shaZZ exceed twenty (20)
feet or one (1) story in height.
3. All required area between such buiZdings or structures
and a pubZic street and any adjacent property Zine, except for
waZkways, parking areas or driveways, shaZZ be Zandscaped and
permanently maintained.
(d) The necessary maintenance facilities incZuding Zath houses,
greenhouses, warehouses, and repair shops upon the foZZowing
conditions:
4 .
1 . Any such building or structure shall be at least twenty
(20) feet from any public street and ten (10) feet from any
adjacent property line .
2. No such building or structure shall exceed fifteen (15)
feet or one (1 ) story in height.
3. All required areas between such buildings or structures
and a public street and any adjacent property line, except for
walkways, parking spaces or driveways, shall be landscaped and
permanently maintained.
(e) Crematory, upon the following conditions :
1 . Such buildings or structures shall be at least fifty (50)
feet from any public street and any adjacent property line.
2. No such building or structure shaZZ exceed fifteen (15)
feet or one (1) story in height and must meet all applicable
county, state and federal air quality control standards .
(f) Mausoleums, colum.bariums or .other like buildings or structures
for interment of animal remains, upon the following conditions:
1 . Any such building or structure shaZZ be at least twenty
(20) feet from any public street and ten (10) feet from any
adjacent property line.
2. No such building or structure shall exceed twenty (20)
feet or one (1 ) story in height.
3. All areas between such buildings or structures and a
public street and except for walkways, parking spaces and drive-
ways, shall be landscaped and permanently maintained. Provided,
however, if such areas are used for off-street parking of auto-
mobiles there shaZZ be a strip of land not less than five (5) feet
in width surrounding such off-street parking areas, except for
walkways and driveways, which shaZZ be landscaped and permanently
maintained.
(g) All property within a pet cemetery shaZZ be enclosed with a
fence or wall provided:
1 . No solid portion of any wall or fence adjacent to any
property line shall exceed six (6) feet in height.
2. No open mesh type wire fence or iron work shaZZ exceed
ten (10) feet in height except as may be part of an entrance
feature and within fifty (50) feet of such entrance.
5.
SECTION 2. This ordinance shall take effect thirty days after
adoption .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the
day of 1983.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk `,,N City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
J
City Administr for Director of De,',7"elbWV nt
Services
6.
huntington beach development services department
STAFF
REPORT
TO: Planning Commission
FROM: Development Services
DATE: August 2 , 1983
SUBJECT: CODE- AMENDMENT NO. 83-18/NEGATIVE DECLARATION 83-24
1. 0 SUGGESTED ACTION:
Approve Negative Declaration No. 83-24 and Code Amendment No. 83-18 ,
and recommend them to the City Council for adoption.
2 . 0 GENERAL INFORMATION:
Code Amendment No. .82-18 , a proposal to revise Article 962 of Division
9 entitled "Special Zones, " will add an SP-2 Special Zone to the
article establishing standards for pet cemeteries in the City. Addi-
tionally, some minor clean-up revisions are proposed for the SP-1
Special Zone which regulates development of human cemeteries .
Originally heard on July 19, 1983, the Planning Commission continued the item to
August 2, 1983, and. directed staff to specify a minimum lot size on which the SP-2
zone could be applied. Based,on an existing pet cerretery use in the City which con-
tains 2.7 acres, staff has determined that a minimum lot size of at least 2.5 acres
would be required before an SP-2 zone could be placed on any property. The attached
ordinance incorporates the suggested minimum lot size criterion.
3. 0 ENVIRONMENTAL STATUS :
Following review of the subject code amendment request by the City ' s
Environmental Review Committee., Negative Declaration No. 83-24 was
prepared and posted for the required ten day review period beginning
July 7, 1983. No comments have been received on the negative declar-
ation.
ATTACHMENTS
Code Amendment No. 83-18
Planning Commission Staff Report - July 19, 1983
BA:dw
4� r1 _
A-FM-23B
huntington beach development services department
STAFF
Nil E 0RT_
TO: Planning Commission
FROM: Development Services
DATE: July 19 , 1983
SUBJECT: CODE AMENDMENT NO. 83-18/NEGATIVE DECLARATION NO. 83-24
1. 0 SUGGESTED ACTION:
Approve Negative Declaration No. 83-24 and Code Amendment No. 83-18 ,
and recommend them to the City Council for adoption.
2 : 0 GENERAL INFORMATION:
Code Amendment No., 83-18, initiated by staff, proposes to revise Article
962 of Division 9, entitled "Special Zones" . The amendment will add
an SP-2 Special Zone to the article establishing standards for pet
cemeteries in the City. Additionally, some minor clean-up revisions
are proposed for the SP-1 Special Zone which regulates development of
human cemeteries.
After numerous public inquiries , staff has proposed the SP-2 Special
Zone to provide landscaping and development standards for pet cemeteries-
Any of the permitted uses in the SP-2 Special Zone would be subject to
the issuance of a conditional use permit. If approved, Huntington
Beach would be the only city in Orange County with zoning specifically
for pet cemeteries.
3. 0 ENVIRONMENTAL STATUS :
Following review of the subject code amendment request° by the City ' s
Environmental Review Committee; Negative Declaration No. 83-24 was
prepared and posted for the required ten day review period beginning
July 7, 1983. No comments have been received on the negative declaration.
ATTACHMENT:
Code Amendment No. 83-18
BA:dw 1
_J
y� .•..,'�'P A-F M-23 B
C:.
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Publish---_ August 25,__1983
NOTICE OF PUBLIC HEARING
CODE AMENDMENT 83-18
SPECIAL ZONES
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 Tuesday the 6th day of September 19 83 .
for the purpose of considering Code Amendment 83-18 which revises Article 962
of Division 9 entitled "Special Zones" to add an SP-2 Special Zone to the Article
establishing standards for pet cemeteries in the City. Additionally, some minor
clean-up revisions are proposed for the SP-1 Special Zone which regulates development
of human cemeteries. A copy of this code amendment is on file in the Department
of Development Services.
Negative Declaration 83-24 will also be considered in connection with said code
amendment.
All interested persons are invited to attend said hearing and express their
opinions for or against said Code Amendment No. 83-18 and Negative Declaration 83-24.
Further information may be obtained from the Office of the City Clerk, 2000 Main
Street, Huntington Beach, California. 92648 - (714) 536-5227
DATED August 17, 1983 _ CITY OF HUNTINGTON BEACH
By: Alicia M. Wentworth
City Clerk
NOTICE: TO CLERK TO SCHEDULE PUBLIC HEARING
.40 ITEM G0P9 A-Mr%nIPH,5NT Na 83 !18
TO: CITY CLERK'S OFFICE DATE:
FROM: yE UE�OP/''I ENT S E�V ICES
PLEASE SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE FOR THE
DAY OF
AP's are attached
AP's will follow
(No AP's
Initiated by:
Planning .Commission
Planning Department
Petition
* Appealio
Other N
Adoption of Environmental Status (x)
YES NO
Refer to .4 Lt))etclq -, Planning Department - Extension # 5�
for additional information.
* if appeal , please transmit exact wording; to he required in the legal .
LEGAL NOTICE /
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY IV that a public hearing will be held
by the City i-!'{TS•! eR, of the City of Hunti ton Beach!
California, for the ,purpose of considering ��
✓� . S P- S P,cc.d.Q � .
�V"tw
Said hearing will be held at the hour of ? 730 P.M. , on
Ige j , 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 6!
/Jo
Further information may be obtained from the City Planning
Department.
Telephone No. (714) 536-5271 ��
DATED this day of
CITY PLANNING COMMISSION
By
Publish August 25, 1983
NOTICE OF PUBLIC HEARING
CODE AMENDMENT 83-18
SPECIAL ZONES
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 Tuesday the 6th day of September 19 83 .
for the purpose of considering Code Amendment 83-18 which revises Article 962
of Division 9 entitled "Special Zones" to add an SP-2 Special Zone to the Article
establishing standards for pet cemeteries in the City. Additionally, some minor
clean-up revisions are proposed for the SP-1 Special Zone which regulates development
of human cemeteries. A copy of this code amendment is on file in the Department
of. Development Services.
Negative Declaration 83-24 will also be considered in connection with said code
amendment.
All interested persons are invited to attend said hearing and express their
opinions for or against said Code Amendment No. 83-18 and Negative Declaration 83-24.
Further information may be obtained from the Office of the City Clerk , 2000 Main
Street, Huntington Beach, California. 92648 - (714) 536-5227
DATED August 17, 1983 CITY OF HUNTINGTON BEACH
By: Alicia M. Wentworth
City Clerk