HomeMy WebLinkAboutCode Amendment 71-2 - Ordinance 1703 - Non-Conforming Yards Affidavit of Po ication
State of California
County of Orange ss /
City of Huntington Beach ate"
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- �`: 'b
�:
fished 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 a� t
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.
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. (published Huntington Beach News Nov.
11, 1971..
NOTICE OF PUBLIC HEARING
That the CQDE Ai&NaM NO 71-2 CODE AMENDMENT 71.2
NOTICE IS HEREBY GIVEN that a pub-
llic hearing will be held by the City
[Council of the City of Huntington Beach,
of which the annexed is a printed copy, was published in said news- jC the council chamber of the civic
Center, Huntington Beach, at the. hour
Hof 7:30 P.M., or as soon thereafter as
011@ 1SSUe ipossible, on Monday the 6th day of
paper at least _ December, 1971, for'.the purpose of con-:
Isidering a proposed code amendment to
lamend' the nonconforming use and yard
commencing from the —11th _ day of November provisions of Section 9716 and Section
9719 respectively.The intent of said code
!amendment is to .establish conditions
19-71, and ending on the _IItb day of NOVember ,whereby a nonconforming use may tie
. laltered or enlarged subject to all pro-
ivisions of Division 9 of the Huntington.
Beach Ordinance Code or by Resolution
19-71—, both days inclusive, and as often during said period and Hof the Planning Commission. Further, to,
times of publication as said paper was regularly issued, and in the (permit nonconforming buildings to be
regular and entire issue of said pewspaper proper, and not in a altered'or enlarged when yard require-
supplement, and said notice was published therein on the following merits are an that are nonconforming,
P 'subject to a Use Permit application be-
dates, to-wit: fore the Board of Zoning 'Adjustments.
,All interested persons are invited to
attend said 'hearing and express their
Nov- 11;-1971 — opinions for or against said Code
Amendment.
Further information may be obtained
from the Office of the City Clerk:'
DATED: 1 g/71'
CITY OF,HUNTINGTON BEACH
By. PauI',C. Jones
ublisher city clerk
Subscribed and sworn to before me this ?Pt•h+ day of
Notary Public
Orange County, California
THOMAS D. WYLLiE
Notary Public-California /
Orange County
My Commission Expires r `
°".„ September 12, 1974
9 December 1971
T0 : City Council
FROM: City Attorney
SUBJECT : Ordinance Amending Sections 9716 and 9719
of the Huntington Beach Ordinance Code
The attached ordinance was prepared at the request of the
Planning Commission in order to establish conditions whereby
a nonconforming use may be altered or enlarged subject to
all provisions of Division 9 of the Huntington Beach
Ordinance Code or by Resolution of the Planning Commission.
In addition, the ordinance permits nonconforming buildings
to be altered or enlarged, when yard requirements are all
that are nonconforming, subject to approval of a Use
Permit application before the Board of Zoning Adjustments .
Respectfully submitted,
DON P. BONFA
City Attorney
DPB : lm
Attachment
O
P.O. SOX 990 CALIFORNIA 92646
< l
March 15, 1971
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: Planning Commission
RE: Code Amendment No 71-1
ATTN: Doyle Miller, City Administrator
Paul Jones, City Clerk
Gentlemen:
Transmitted herewith is a copy Code Amendment No. 71-1.
Said amendment proposes to amend Section 9783 (Resolution
Recommending Setback) to allow the Planning Commission to
make recommendation on any setback line or amendment thereof,
by the affirmative vote of not less than four (4) of its
total voting members.
The Planning Commission at their February 17, 1971 meeting
unanimously approved Code Amendment No. 71-1 and recommends
adoption by your Honorable Body.
The State Planning Act requires that a public hearing be
held after which the plan may be adopted by ordinance.
Respectfully submitted,
K• �, Y4r,,�
K.A. Reynolds
Secretary
KAR:jh
r
MEMO
TO: Planning Commission
FROM: Richard A. Harlow
DATE: February 17 , 1971
RE: CODE AMENDMENT NO. 71-1
Said code amendment proposes to amend Section 9783 of
the Huntington Beach Ordinance Code and pertains to
the manner in which a setback line is established on
a sectional district map. This section, as it is now
written, requires an affirmative vote of not less than
2/3 of the voting members of the Commission for adoption
of a resolution changing a setback line. This neces-
sitates S affirmative votes when the full commission
is seated which is inconsistent with the requirement
of four affirmative votes for a zone change. This
inconsistency could cause difficulties in the future
as all commercial zone changes on arterial highways
are accompanied by a proposal to establish a SO ft.
setback line. In the event a zone change were approved
by only four affirmative votes, it would mean that the
setback portion was denied and the zone change would
then proceed for final approval without a setback re-
quirement. If approved, this code amendment will
only require four affirmative votes for either appro-
val or denial of a proposal to establish a setback
line.
This matter was discussed with the Planning Commis-
sion at a previous Study Session, at which time the
Commission authorized setting the matter for public
hearing.
The staff recommends approval of Code Amendment No. 71-1.
i
1 PROPOSED CODE AMENDMENT 71-1
2 I February 17,, 1971
3 ii Section 1. That the following section of the Huntington
4 Beach Ordinance Code is hereby amended to read as follows:
5 '; Section 9783. Resolution Recommending Setback.
6 The recommendation of any setback line or any amendment
7 thereof shall be by the affirmative votes of not less than four (4) of its
8 total voting members. A copy of the setback regulations or amendment thereof,
9 shall be submitted to the City Council by the Planning Commission and shall
10 be accompanied by a report of findings, summaries of hearing and recommenda-
11 tions of the Planning Commission. (805)
12
13
14
15
16
17
18
19
20
21
22 '
23
24
25
26
27
28
29
30
31
32
i
1
I
Publish 31411 '
Postcards
PUBLIC HEARING SET
FOR:
NOTICE OF PUBLIC HEARING
�S----------------- ------------
1® C t,M. A 71®1
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
WO P.M. , or as soon thereafter as possible, on d endav
the -loth - day of 19 for the purpose of
considering a proposed code a suftent, to amend Section 9783
(Resolution Recommending Setback) to allow the Planning Commission
to make recommendation- on any setback line or amendment thereof,
by the affirmative vote of not less than four (4) of its total
Ming members.
All interested persons are invited to attend said hearing and
express their opinions for or against said
Further information may be obtained from the Office of the City
Clerk.
DATED: 2125121 CITY OF- HUNTINGTON BEACH
By: Paul C . Jones
City Clerk
s �
_ ty of Huntington,,Beads
County of Orange
State of California
Jf fidavitof Publication
of GEORGE FARQUHAR
Publisher Huntington Beach News
Filed
Clerk
By —
Deputy Clerk
r
d
Huntington Beach Planning Commission
P.O. BOX 990 CALIFORNIA 92649
November 151, 1971
TO : HONORABLE MAYOR AND CITY COUNCIL
FROM: Planning Commission
RE : Code Amendment No . 71-2
ATTN: Brander Castle , Acting City Administrator
Paul Jones , City Clerk
Gentlemen:
Transmitted herewith is a copy of Code Amendment No . 71-2 .
Said Code Amendment proposes to amend the non-conforming
use and yard provisions of S . 9716 and S ..9719 of the
Huntington Beach Ordinance Code respectively . The intent
of this amendment is to establish conditions whereby a
non-conforming use may- be altered or enlarged subject to
all provisions of Division 9 of the Huntington Beach
Ordinance Code or by Resolution of the Planning Commission.
This code amendment further proposes to permit non-
conforming buildings to be altered or enlarged when yard
requirements are all that are non-conforming , subject to
approval of a Use Permit application before the Board
of Zoning Adjustments .
The Planning Commission , at their November 2 , 1971 meeting,
unanimously approved Code Amendment No . 71-2 and recommends
approval by your Honorable Body.
The State Planning Act requires that a public hearing be
held after which the Code Amendment may be adopted by
ordinance .
Respectfully submitted,
K. A. Reynolds
Secretary
Encl : Code Amendment No . 71-2
KAR : sn
l
(Corrected: 10-5-71) rIF1 JPKU E
SECOND DRAFT - STAFF REVIEW
1
Proposed. Code Amendment No. 71-2
2 October 7, 1971
8 May be generally referred to as :
"NONCONFORMING YARDS"
4
5 That the following changes are proposed to the Huntin ;ton Beach
Ordinance Code: The intent being to provide for alteration or
6 enlargement of a nonconforming use when the yard requirements
are all that is nonconforming. Such alteration or enlargement
? shall be subject to a Use Permit Application before the Board of.
toning Adjustments. Said changes shall read as follows :
8
9 REPEALED: (none)
10 RENU1,1B ERED: (none)
11 A?.7ENDED:
12 S. 9716 ADDITIONS, EXTERIOR ALTERATIONS TO A NONCONFORITJING
13 USE: No nonconforming building or structure shall
14 be added to or enlarged or altered on the exterior in any Manner
15 unless such building and its additions anCl enlargements are L,,-,ade
16 to conform in every respect with all of the applicable provision.
17 of Division 9, or unless the Planning Commission by resolution
18 permits exterior alterations, enlargement, or additions only for
19 the following conditions:
20 S. 9719 ALTERATION OF BUILDING HAVING NONCONFORMING YARD:
` 21 Existing buildings which are nonconforming only be-
22 cause of the yard requirements may be altered or enlarged, rrevi - ''
28 ed that said alteration or enlargement is made to conform to ap-
24 plicable provisions of Division 9. Such alteration or enlarge-
25 ment is subject to a Use Permit Application before the Board of
26 Zoning Adjustments. In approving, conditionally approvin ;, or
27 denying, the Beard of Zoning Adjustments shall condider the dri-
28 teria for y nonconforming use as may be applicable.
29 ADDED: (none)
so
81
82
Page 1 of 1
i
0
MEMORANDUM
TO: Planning Commission
FROM: Richard A. Harlow
RE: Code Amendment No. 71-2
Date, November 2, 1971
Code .Amendment No. 71-2 proposes to amend the non-conforming use
and yard provisions of So9716 and So9719 of the Huntington Beach
Ordinance Code respectively, The intent of this amendment is to
establish conditions whereby a non-conforming use may be altered
or enlarged subject to all provisions of Division 9 of the Hunting-
ton Beach Ordinance Code or by Resolution of the Planning Commissions
This code amendment further proposes to permit non-conforming
buildings to be altered or enlarged when yard requirements are
all that are non-conforming, subject to approval of a Use Permit
application before the Board of Zoning Adjustments.
This code amendment was discussed with the Planning Commission at
the beginning of this year at which time the Commission directed
the staff to prepare a code amendment to effect the change. Sub-
sequent to this action the Planning Commission adopted goals for
1971 which did not rank this as being high priority. A need for
clarification of these sections of the code was recently brought
up; therefore, the staff felt that this code amendment should be
pursued. These amendments were discussed with the Planning Com-
mission at the last Study Session at which time it was agreed
that the matter should be set for public hearing.
The staff recommends approval of Code Amendment No. 71-2.
Huntington Beach Planning Commission
P.O. BOX 190 CALIFORNIA 92648
November 15 , 1971
TO : HONORABLE MAYOR AND CITY COUNCIL
FROM: Planning Commission
RE : Code Amendment No . 71-2
ATTN : Brander Castle , Acting City Administrator
Paul Jones , City Clerk
Gentlemen:
Transmitted herewith is a copy of Code Amendment No . 71- 2 .
Said Code Amendment proposes to amend the non-conforming
use and yard provisions of S. 9716 and S. 9719 of the
Huntington Beach Ordinance Code respectively. The intent
of this amendment is to establish conditions whereby a
non-conforming use may be altered or enlarged subject to
all provisions of Division 9 of the Huntington Beach
Ordinance Code or by Resolution of the Planning Commission.
This code amendment further proposes to permit
non-conforming buildings to be altered or enlarged when yard
requirements are all that are non-conforming , subject to
approval of a Use Permit application before the Board
of Zoning Adjustments .
The Planning Commission , at their November 2 , 1971 meeting ,
unanimously approved Code Amendment No . 71-2 and recommends
approval by your Honorable Body.
The State Planning Act requires that a public hearing be
held after which the Code Amendment may be adopted by
ordinance .
Respectfully submitted,
K. A-. Reynolds
Secretary
Encl : Code Amendment No . 71-2
KAR : sn
0
APPROVED
(Corrected: 10-5-71)
SECOND DRAFT - STAFF REVIEW
1
Proposed-t, Code Amendment No. 71-2
2 October 7, 1971
9 May be generally referred to as:
"NONCONFOWAING YARDS"
6 That the following changes are proposed to the Huntin4ton Beach ,
Ordinance Code: The intent being to provide for alteration or
6 enlargement of a nonconforming use when the yard requirements
are all that is nonconforming. Such alteration or enlargement
shall be subject to a Use Permit Application befog@ the Board 'of:
^oning Adjustments. Said changes shall read as follows:
8
9 REPEALED: (none)
10 RENUIMEMED: (none)
11 AIMNDED:
12 S27716 ADDITIONS. ERTERIOR ALTERATIONS TrO A NONCUNFOFtMING;
USE: No nonconformin builds or structure shall
U be added to or enlarged or altered on the exterior in any manner
15 unless such building and its additions and enlargements are rla&e
to conform in every respect with all of the applicable provision
17 of Division 99 or unless the Plannin
g Commission by resolution
18 permits exterior alterations, enlargement, or additions only for ",
19 the following conditions:
20 S 2712 AlTERATION OF BUILDING HAVING NONCONFOR4ING YARD:
21 Existing buildings which are nonconforming only be-=
22 cause of the yard requirements may be altered or enlarged, provi �%":",
28 ed that said alteration or enlargement is made to conform to ap-
24 plicable provisions of Division 9. Such alteration or enlarge-
25 ment is subject to a Use Permit Application before the Board of- '1; 1s
y� r
26 Zoning Adjustments. In approving, conditionally apprQvin p or
27 denying, the Board of Zoning Adjustments shall condider the Sri-
28 teria for a nonconforming use as may be applicable.
?9 ADDED: (none)
s0
81
22
Page 1 of L
C
MEMORANDUM
TO: Planning Commission
FROM: Richard A. Harlow
RE: Code Amendment No. 71-2
Date: November 2, 1971
Code Amendment No. 71-2 proposes to amend the non-conforming use
and yard provisions of S.9716 and S.9719 of the Huntington Beach
Ordinance Code respectively. The intent of this amendment is to
establish conditions whereby a non-conforming use may be altered
or enlarged subject to all provisions of Division 9 of the Hunting-
ton Beach Ordinance Code or by Resolution of the Planning Commission.
This code amendment further proposes to permit non-conforming
buildings to be altered or enlarged when yard requirements are
all that .are non-conforming, subject to approval of a Use Permit
application before the Board of Zoning AdjilstmOnts.
This code amendment was discussed with the Planning Commission at
the beginning of this year at which time the Commission directed
the staff to prepare a code amendment to effect the change. Sub-
sequent to this action the Planning Commission adopted goals for
1971 which did not rank this as being high priority. A need for
clarification of these sections of the code was recently brought
up; therefore, the staff felt that this code amendment should be
pursued. These amendments were discussed with the Planning Com-
mission at the last Study Session at which time it was agreed
that the matter should be set for public hearing.
The staff recommends approval of Code Amendment No. 71-2.
None
Number of Excerpts
Publish Once
LEGAL NOTIICEg gR
NOTICE
AMENDMEIL�ITCNCE7I ING
NOTICE IS HEREBY GIVEN that a public hearing will be held
by the City Planning Commission of the City of gunt' ngton
a proposed code amendment to
Beach for the purpose of considering
amend the nonconforming use and yard provisions o an
S. 9719, respectively. The intent of said code amendment is to
establish conditions whereby a nonconforming use may be altered
or enlarged subject to all provisions of Division 9 of the Huntington
Beach Ordinance Code or "by Resolution of the Planning Commission.
Further, to permit nonconforming buildings to be altered or enlarged
when yard requirements are all that are nonconforming, subject to a
Use Permit Application before the Board of Zoning AdILustments.
7:00
Said hearingg will be held at the hour of
November 2, 1971
�)n , in the Council Chamber of the Civic Center,
_untington Beach, California, on 5th Street between Main Street
and Orange Avenue.
All interested persons are invited to attend said hearing
and express their opinions for or against the proposed
Code Amendment
Further information may be obtained from the City
Planning Department.
Telephone No 536-5271
DATED this 21st day of October, 1971
CITY PLANNING COMMISSION
By,
K.A.
KeynoIaT
Secretary
City Clerk
City of Huntington Beach
The Huntington Beach Planning Commission, at their regular/ad��93r-ned
meeting held 9 7 771 , recommended
of
If approval has been recommended, the City Council will be required
to hold a public hearing in this matter , and it will be transmitted
to you prior to the next regular meeting of the Council. A copy of
the Planning Department legal notice, aka- s- cf=t�;aners=�o pop-
e�r-ty w3t-im-3UQ==f=eet�e-==the�sub jA--c a-r--a- is attached hereto.
The applicant in this matter is ,
Address (Telephone) m
Kenneth R. Reynolds ,
Planning Director
BY���.
Number of Excerpts None
Publish Once
LEGAL NOTICE
NOTICE OT PUBLIC :'FARING
CODE AMENDMENT NO 71-1
:10Ti=C" -l" ;!EREI',`t ';IVEi1 th=it + m.ibli.c hearing wi-.11 be held
by the City Planning ommis.,i.on )f the City of Huntington
Beach for thc; puroos?e of considering a Proposed Code Amendment
Said amendment proposes to amend Section 9753 (Resolution Recommending
Setback) to allow the Planning Commission to make recommendation
on any setback line or amendment .thereof, by the affirmative vote
of not less than four (4) of its total voting members.
Said hearing will be held at they hour of 7o00 Porto ,
on Wednesday, 2-17-71, in the Council Chamber of the Civic Center,
Huntington Beach, California, on 5th Street between Main Street
and Orange Avenue.
All interested persons are invited to attend said hearing
and exr_-r, their opinions for or against the proposed
Code Amendment
Further. information may be obtained from the City
Panning Department.
Telephone No 536- 5271
DATED this 4th day of February, 1971
CITY PLANNING COMMISSION
3y
K.A. Reynolds
zecretary