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HomeMy WebLinkAboutCode Amendment 77-12 - Proposed Ordinance 2231 - Continued - 'V �• t ' CITY OF HUNTINGTON BEACH �• INTER-DEPARTMENT COMMUNICATION HUNTWGTON BEACH Cl)� To Floyd G. Belsito From Edward D. Selich City Administrator Planning Director - Subject Action Agenda Item D-2C- Date October 11, 1977 Code Amendment No, 77-12 "Conditional Exceptions"- Ordinance No. 2231 : This item was continued by the City Council in order to allow staff time to develop more criteria for considering conditional exceptions and was to be brought back for Council consideration on November 21 , 1977 . As this item is not demanding of an immediate decision, I have shelved it for a short time in favor -of pursuing matters of higher priority . If . you see any problems in this approach, please let me know. EDS:DE:gc / cc: Alicia Wentworth,, City Clerk Before a conditional exception is granted, appropriate findings must be made consistent with the aforementioned cir- cumstances. 9830. APPLICATION. ' Applications for a conditional exception shall be filed with the planning department 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 on his behalf shall accompany the application. 983Z. FILING FEE. The applicant for a conditional exception shall pay the fee established by the City at the time of filing the application. 9832. JURISDICTION. Except as provided in Section 98ZZ. Z, ,`- the Planning Commission shall have jurisdiction to hear the applications for a conditional exception. An appeal from the decision of the Planning Commission may be taken pursuant to Article 988. 9833. PUBLIC HEARING. After notice is given pursuant to the provisions contained in Article 987, a public hearing shall be held prior to action on the conditional exception. 9834. - GRANTED WHEN. Conditional exceptions from the terms of a zoning ordinance shall be granted only when because of . special circumstances applicable to the property, including size, shape, topography, and location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Any conditional exception granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated. A conditional exception shall not be granted for a parcel of property which authorizes a use or activity which is not ex- pressZy authorized by the zone regulation governing the parcel of property . Before a conditional exception is granted appropriate findings must be made consistent with the aforementioned circumstances. SECTION 4. This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen 2 . days after adoption in the Huntington Beach News , a weekly news- paper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3rd day of October, 1977 . ATTEST : Mayor City Clerk REVIEWED AND APPROVED: APPROVED AS TO FORM: lip- C' y Administrator Cit Attorney INITIATED AND APPROVED AS TO CONTENT: 7 NO FISCAL IMPACT ._----- FISCAL lM ' FISCAL ffvt AL . y' aETEn REQUIRES FINANCIAL IMPACT RE00RT 0 3 . ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING, AMENDING AND ADDING CERTAIN SECTIONS PERTAINING TO CONDITIONAL EXCEPTIONS The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Ordinance Code is hereby amended by repealing Sections 9811.1 .1 and 9830 through 9835 thereof. SECTION 2. The Huntington Beach Ordinance Code is hereby amended by amending Section 9884 thereof to read as follows: 9884. ACTION ON APPEAL. Said appeal shall be set for hearing within thirty ( 30) days, or longer, if requested by appellant , from the time the matter is received by the City Clerk, together with the necessary fees. Upon the hearing of said appeal, the City Council may affirm, overrule or modify the decision appealed from and enter such order or orders as are in harmony with the spirit and purpose of applicable provisions of Division 9 , with reasons stated. Disposition of appeals by the City Council shall be final. SECTION 3. The Huntington Beach Ordinance Code is hereby amended by adding thereto Sections 9811. 1.1, 9830 , 9831 , 9832, 9833 and 9834 to read as follows: 9811. 1. 1. GRANTED WHEN. Conditional exceptions from the terms of a zoning ordinance shall be granted only when because of special circumstances applicable to the property , including size, shape , topography , and location or surroundings , the strict application of the zoning ordinance deprives such property or privileges enjoyed by other property in the vicinity and under identical zoning classification. Any conditional exception granted shall be subject to such conditions as will assure that the adjust- ment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated. A conditional exception shall not be granted for a parcel of property which authorizes a use or activity which is not expressly authorized by the zone regulation governing the parcel of property. JOC : cs 1. L r Before a conditional exception is granted, appropriate findings must be made consistent with the aforementioned cir- cumstances . 9830 . APPLICATION. Applications for a conditional exception shall be filed with the planning department 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 on his behalf shall accompany the application. 9831. FILING FEE. The applicant for a conditional exception shall pay the fee established by the City at the time of filing the application. 9832.. JURISDICTION. Except as provided in Section 9811. 1, . the Planning Commission shall have jurisdiction to hear the applications for a conditional exception. An appeal from the decision of the Planning. Commission may be taken pursuant to Article 988. 9833. PUBLIC HEARING. After notice is given pursuant to the provisions contained in Article 987, a public hearing shall be held prior to action on the conditional exception. 9834. GRANTED WHEN. Conditional exceptions from the terms of a zoning ordinance shall be granted only when because of special circumstances applicable to the property, including size , shape, topography, and location or surroundings , the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Any conditional exception granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated. A conditional exception shall not be granted for a parcel of property which authorizes a use or activity which is not ex- pressly authorized by the zone regulation governing the parcel of property. Before a conditional exception is granted appropriate findings must be made consistent with the aforementioned circumstances . SECTION 4. This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen 2. days after adoption in the Huntington Beach News, a weekly news- paper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3rd . day of "October, -1977 . ATTEST: Mayor City Clerk REVIEWED AND APPROVED: APPROVED AS TO FORM: ty Administrator City Attorn INITIATED AND APPROVED AS TO CONTENT: 3. Ord. No. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-offi.cio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the _ day of 19 and was again read to said City Council at a regular meeting thereof held on the day of 19 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California r Affidavit of Pubi ® n State of California County of Orange ss City of Huntington Beach George Farquhar, being duly sworn on oath, says: That he is a 1013 citizen of the United States, over the age of twenty-one years. �„IV 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 I.Pubnsned Huntington Beach News, septT� �2 of 'the first insertion of this notice; and the said newspaper is not !15, 1977. devoted to the interest of, or published for the entertainment of any NOTICE of PUBLIC HEARiNd particular class, profession, trade, calling, race or denomination, orIN.,, code Amendment 77-12 7 any number thereof. E IS HERESY GIVEN that a pub- The Huntington Beach New was adjudicated a legal news iio hearing e be held by the city g 7 ga paper ;�rCouncn of the City of Huntington Beach, of general circulation by Judge G. K. Scovel in the Superior Court l`n the. Council, Chamber of.the Civic of Orange County, California August 27th, 1937 by order No. A-5931. en'lc;; Huntington. Beach, at.the hour or ;:30 P:M., or,as soon thereat e,r as ,possible, -on Monday the 3rd clay o` That the CODE AMENDMENT 77-12 Octaber„ 1977,' for the purpose'c+P con siecring Proposed Cade Amendment No. 77-12 "Conditional' Excentons" ani in% the. Huntington Beach O-d'narce e by repealing Section 9811.1.1 and of which the annexed is a printed copy, was published in said news- sssc through 9835 thereof, .amending Sect!on 9884 and adding Sections 9811.1 and 9830 through 9c34. Said code amend, paper at least 011e isst1P, lrne'nt would modify administrative pro-' cedures as necessary, to .obtain consis- ency with the criteria for granting con- commencing from the 1 th day of September d'tionad exceptions as,stipu!ate8 by the California Government Code. A copy o: `,e p„on,cs<=,d code: a.mcndment is.on file 19 and endingOn the ,n-the P!�a:�nin Department Ofinice. 15th day of September e,!I iriteres'ed persaris.are'invited to I jend said hearing% and express V-e`r '-pinions far or agains'.: said Cede Amend-- 192—? , both days inclusive, and as often during said period and t m2nt. times of publication as said paper was regularly issued, and in the _urtl,er information may be _obt3`n regular and entire issue of said pewspaper proper, and not in a from the office of the city O:erk nATEC:.Seote�mber 12. 1977. supplement, and said notice was published therein on the following CITY OF HUNTINGTON PEA-: dates, to-wit: By: Alicia M. Wentworth " City Clerk _1 Sept. 15 , 1977 r Publisher Subscribed and sworn to before me this 16th day of September_ 19=. Notary Public Orange County, California __ �. THOMAS D. WYLLIE 'r i Notary Public-California Orange County i (/ My Commission Expires i i September-- ---- - 1978 ,K------- - --- 8-�__-o ` �yyy Pu ch 9/15/77 Pos tc ar NOTICE OF PUBLIC RNMING Code Amendment 77-12 MOTIMIS HEREDY. GIVEN .that , a public hearing will be held by the City Council of. the City of RuntLngton.' Beach, in .the Council Chamber of the Civic 'Center. . Huntington Beache at the. hour of 7:30' P<M: 9 or goon .thereafter: as possible, .on Monday the 3rd day o October n 1� 7? . for than purpose of considering Proposed. Code Amendment No. 77-12 "Conditional Except.ionsilamending the Huntington Beach Ordinance Code by,repealing Section 9811.1.1 and 9830 through 9835 thereof, amending Section 9884 :and adding Sections 9811.1 and 9830 through 9834. Said code amendment would modify administrative procedures as necessary to obtain consistency with the criteria for granting conditional exceptions'as.'stipulated by the California Government Code. A copy of the proposed .code amendment is on file in the Planning Department Office. All interested persons are ..invited to, attend said hearing and express their oihi for or against arid, code Amendment Further information y :1pe obtained from, the Office of the City Clerk. A 9/12/77 CI I- N H . AliciaM. Wentworth city cleik NOTICE TO CLERK TO SCHEDULE PUBLIC HEARING 111717 TO: CITY CLERK'S OFFICE DATE: g 1 i FROM: I A J�,It_ PLEASE SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE FOR THE DAY OF 197 7 AP's are attached AP's will follow No AP's (� Initiated by: Planning Commission Planning Department C/L-T Other Adoption of Environmental Status # — YES NO Affidavit of Publication State of California ) �, County of Orange } ss City of Huntington Beach 1 �) 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 Published.Huntington Beach News;' Aug.l established, printed and Aug 2s, 1.977 p ' published in the State of California, and LEGA NOT"10E County of Orange, for at least one year next before the publication NOTICE OF.PUBLIC.HFf�RING of the first insertion of this notice; and the said newspaper is not 600E AMEkt1M ENT;NO 77-12,' , devoted to the interest of, or published for the entertainment of any ! N017CE_IS HEREBY GIVEN that a pubs= particular class, profession, trade, calling, race or denomination, or 1ic hearing will'be held by`thecity Pian- any number thereof. ning.Commission qF the.City of Hunting ton Beach, California for the purpose:of The Huntington Beach New was adjudicated a legal newspaper cons,aering�(Prapos68 Cot1e. Amendment of general circulation by Judge G. K. Scovel in the Superior Court No 77'12 "Con'ditional Except ans" m amen-of Orange County, California August 27th, 1937 by order No. A-5931. ding hies 'Huntjngton Beach ara,nahoe Code b'y':repeating Section" 98711.i• and i 98¢o;;through 9835 thereof; amending Sec- That the - Q DE AMENDMENT NO, 77-12 tiow%84,and adding Sections 9fi11.1:and. 99-0 through: 9834', -SaW, code',amend= i rrient'-would -modify.,adrninistrat've� pro- i cedures"as neceesery to'. obtain`.con$is-I itency.with the'cri:eria.for granting con-1 of which the annexed is a printed copy, was published in said news- ditionef exceptions'as.stiputated by the 'California G'overn'menti`Codei'-A Copy f the proposed code.amendment is-on•file. paper at least one issue in the'-Planning:Departmen Office..(.. :- Said`heari'ng1 will be held.at the'hour of 7:06 P.M, on September 7, 1977,'in commencing from the ?. th day of AuguE'� the ' CntCouncil ,Chambers Builiiing of"the� Civic::C- enter 2000 Main street, Hunting= ton 96ach California .. . . 19 , and ending on the 5th All interested persons are invited to day of August et and said nearing, and' express`their opinions for or aeainst the proposed' Code Amendment No: 77-12: 19_Z2_ both days inclusive, and as often during said period and .Further information ri be obtained times of publication as said paper was regularly issued, and in the from the City Piannind'Deoartment, regular and entire issue of said pewspaper proper, and not in a Teleohiine.No., (714) 536-5271. 7. su lement and said notice was published therein on the following DATED this LA PLAay NNING August, [ON supplement, P g CITY PLANNING_COMMISSION- i dates, to-wit: By Edward D Selich,' Secretary. Aug. 25 , 19 7? - - Publisher Subscribed and sworn to before me this 26th _ day of August Notary Public Orange County, California -------------'----------------- ! µ THOMAS D. WYLLIE it t " Notary Public-California 1 i %u Orange County W i ,444,.F. My Commission Expires ! September 12, 19la i -------------------------------- ! Huntington Beach Planning Commission c P.O. BOX 190 CALIFORNIA 92648 TO: Honorable Mayor and City Council FROM: Planning Commission ATTN: Floyd G. Belsito, City Administrator DATE: September 16, 1977 SUBJECT: CODE AMENDMENT NO. 77-12 "CONDITIONAL EXCEPTIONS" PLANNING COMMISSION ACTION: ON MOTION BY NEWMAN AND SECOND BY STERN CODE AMENDMENT NO. 77-12 WAS APPROVED BY THE FOLLOWING VOTE: AYES: Stern, Finley, Gibson, Slates, Newman, Hoffman NOES: None ABSENT: Shea PLANNING COMMISSION AND STAFF RECOMMENDATION: Approve Code Amendment No. 77-12. a SUMMARY ANALYSIS : This proposed code amendment would remove existing ordinance provisions relating to the granting of conditional exceptions as the findings re- quired therein are inconsistent with statutes relating to variances pro- vided in the State Government Code. The proposed amendment would re- flect wording of state law as well as effect several clerical amendments to the procedures relating to conditional exceptions. ENVIRONMENTAL STATUS: Code Amendment No. 77-12 is exempt from the requirements of environmental documentation as the proposed revisions amend procedures for reviewing an activity. FISCAL IMPACT OF PROPOSED LEGISLATION: None SUPPORTING INFORMATION: 1. Proposed Ordinance 2 . August 23, 1977 Staff Report 3 . Notice of Exemption Respectfully submitted, Edward D. Selich Secretary EDS :DE:gc ` ✓ - - Y Fiu tlU i gto 9beachplanning rtment 'b TO: Planning Commission FROM: Planning Department DATE: August 23, 1977 SUBJECT: CODE AMENDMENT NO. 77-12 "CONDITIONAL EXCEPTIONS" SUGGESTED ACTION: Approve Code Amendment No, 77-12 . 1 . 0 ENVIRONMENTAL STATUS Code Amendment No. 77-12 is exempt from the requirements of environ- mental documentation as the proposed revisions amend procedures for reviewing , an activity (see attached Notice of Exemption) . 2 . 0 BACKGROUND AND ANALYSIS: Code Amendment No. 77-12 was prepared at the request of the City Council in order to more closely align review procedures and require- ments on Conditional Exceptions with State law. In essence, the amend- ment rewrites the provisions of Article 983 and portions of of 981 relating to the granting of Conditional Exceptions . 3 . 0 FISCAL, IMPACT OF PROPOSED LEGISLATION: None. ATTACHMENTS: 1 . Ordinance 2 . Notice of Exemption vj a.. ffu J�F P NOTICE OF EXEMPTION 7 7-12 TO: File PROJECT, APPLICATION, OR PERMIT NO: Ordinance No. Code Amendment No. 77- PROJECT TITLE/DESCRIPTION/LOCATION: Amendment of sections of the Huntington Beach Ordinance pertaining to Conditional Exceptions. PROJECTSPONSOR: City of Huntington Beach EXEMPTION IDENTIFICATION: Categorical Exemption r Ongoing Project See. L-1 See. 15070 ©ass 2 Emergency Exemption ❑ Activity not Defined as Project Sec.15071 (b) & (c). See.15037 (b) ❑ Ministerial Project Other(Explain) Sec.15073 The project(private)is a lesser part of another project for which an EIR has previously been prepared;the original project and EIR were approved,,and there were no substantial changes proposed in the project to involve new environmental impacts not considered in the original EIR. (See.15067) Original EIR Number: Date Approved: Pursuant to the CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970 and provisions of the HUNTINGTON BEACH ORDINANCE CODE,which provide that an activity is exempt from environmental evaluation where it can he determined with certainty that the activity will not have a significant effect on the environment, the activity referenced herein is therefore granted EXEMPTION STATUS with the following statement of findings: The project is a Class 20 Categorical Exemption according to City Resolution NO. 4397 which exempts adoption of Ordinances (except) zoning) which establish or amend procedures for reviewing an activity or which require subsequent discretionary action which is subject to CEQA. August 11, 1977 tiameand Title of Person Certifying Request Date: s R. Barnes , Assistant Planner ' 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING, AMENDING AND ADDING CERTAIN SECTIONS PERTAINING TO CONDITIONAL EXCEPTIONS The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Ordinance Code is hereby amended by repealing Sections 9811.1.1 and 9830 through 9835 thereof. SECTION 2 . The Huntington Beach Ordinance Code is hereby amended by amending Section 9884 thereof to read as follows : 9884. ACTION ON APPEAL. Said appeal shall be set for hearing within thirty ( 30) days , or longer, if requested by appellant , from the time the matter is received by the City Clerk, together with the necessary fees . Upon the hearing of said appeal, the City Council may affirm, overrule or modify the decision appealed from and enter such order or orders as are in harmony with the spirit and purpose of applicable provisions of Division 9 ,. with reasons stated. fie-eases-e -a��ea�-s - ae�s-�e�at}eg-fie eve,.e-!Rg--tdie-eea-1al-e-f-a-eeae-it-ieea4-e*eep4-iea;-Faake. Disposition of appeals by the City Council shall be final. SECTION 3. ' The Huntington Beach Ordinance Code is hereby amended by adding thereto Sections 9811.1. 1, 9830, 9831, 9832, 9833 and 9834 to read as follows : 981Z. Z. Z. GRANTED WHEN. Conditional exceptions from the terms of a zoning ordinance shall be granted only when because of special circumstances applicable to the property, including size, shape, topography, and location or surroundings, the strict application of the zoning ordinance deprives such property or privileges enjoyed by other property in the vicinity and under identical zoning classification. Any conditional exception granted shaZZ be subject to such conditvons as will assure that the adjust- ment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated. A conditional exception shall not be granted for a parcel of property which authorizes a use or activity which is not expressly JOC : cs authorized by the zone regulation governing the parcel of property. 1 .